The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor in the grounds of appeal, even though the defendant could sufficiently recognize that the sum of C’s wages and allowances has not been paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, the court below judged that there was no evidence of violation of the Labor Standards Act as to C, and found the defendant not guilty. The court below erred by misapprehending the facts, which affected the conclusion

2. Determination

A. The summary of the facts charged in violation of the Labor Standards Act with respect to the instant C is the representative director of H, a corporation in the window G of Changwon-si, who runs a community bus operation business using 51 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

On May 20, 2010, the Defendant entered the same workplace and served as a driver.

On September 30, 201, C’s retirement on May 5, 2011, the total of KRW 105,000 and annual paid leave allowance of KRW 1,095,00,000, etc. were not paid within 1,20,000 from the date of retirement without any agreement on extension of the due date between the parties concerned.

B. The determination of the court below is based on the principle that an employer shall determine the basic wages for workers in a contract of employment and pay them in addition to the allowances based on such determination. However, the purport that the basic wages are not calculated in advance in order to ensure convenience in the calculation of work hours, the form of employment and the nature of work, etc., and that the combined amount of the allowances shall be determined as the monthly wage or daily wage, or that the certain amount shall be paid in the calculation of the monthly allowance.