The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the continuity of the employment relationship is recognized, such as the instant worker G continues to be on a daily basis or during the period of service in the form of a contract, and as such, in that the Defendant received a resignation letter from the Plaintiff who is a worker in the form of a day-time employment, and attempted to block the occurrence of retirement benefits, the criminal intent of the instant violation of the Labor Standards Act shall be sufficiently recognized.

Nevertheless, since the court below acquitted the Defendant of the facts charged in this case, there is an error of law by misunderstanding the facts or by misapprehending the legal principles on worker status as provided in the Guarantee of Workers' Retirement

2. In light of the evidence duly adopted and examined by the court below in light of the records of this case, the court below's finding the defendant not guilty on the grounds that the continued worker G of this case is not recognized under the Act on the Guarantee of Workers' Retirement Benefits, based on the circumstances as stated in its reasoning, is just and acceptable, and there is no error of law or misunderstanding of legal principles as alleged by the prosecutor (as long as the worker nature of the G is not recognized under the Act on the Guarantee of Workers' Retirement Benefits, the issue of the defendant's criminal intent does not affect the determination of the crime of this case, so the prosecutor's assertion that the defendant's criminal intent is a reason for appeal is not sufficient, and therefore the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.