The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles, D, E, and F (hereinafter “D, etc.”) stated in the facts charged in the instant case is recognizable as a worker employed by the Defendant and provided labor, and the facts charged in the instant case cannot be deemed as a worker employed by the Defendant at the workplace operated by the Defendant, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby

2. Determination

A. The summary of the facts charged in the instant case is an employer who runs a family list manufacturing business by employing three full-time workers from Kimhae-si as an individual entrepreneur.

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.

Nevertheless, the defendant is working in the above workplace from May 24, 2012 to the other person.

On May 29, 2012, a total of KRW 985,00,00, such as the details of personal arrears, including D, retired on three occasions, was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement on extension between the parties concerned.

B. Article 2(1)1 of the Labor Standards Act provides that a person who provides labor to a business or workplace for wage purposes regardless of the type of occupation shall be an employee.

Whether the form of contract is a worker should be determined in substance by whether the worker provided work to the employer for the purpose of wages in the business or workplace, regardless of whether the contract is an employment contract or a contract for work under the Civil Act.

whether such a subordinate relationship exists.