The defendant's appeal is dismissed.

1. In the instant facts charged, the lower court found the Defendant not guilty of the violation of the Labor Standards Act due to unpaid wages of KRW 313,200 among the charges, and found the Defendant guilty of the remainder of the charges. Since the Defendant filed an appeal only to the guilty portion, and the Defendant and the Prosecutor not appealed the portion, the scope of the party member’s trial is limited to

2. Summary of grounds for appeal;

A. In relation to the facts charged in the judgment of the court below, as to the mistake of facts and misapprehension of legal principles, ① 208,650 won out of unpaid wages has been reduced by 10% during the period of settlement, ② 522,250 won has been already paid according to the agreement with D made on June 9, 2017, ③ since D had not worked for more than one year, it cannot receive annual leave allowances. Thus, the court below convicted D of this part of the facts charged, although the Defendant did not have any fact that he did not pay wages or annual leave allowances to D, the court below erred in the misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentencing is too unreasonable.

3. Determination

A. In light of the following reasons, the lower court’s determination on the assertion of mistake of facts, etc.: (a) determined that the Defendant could fully recognize the fact that the Defendant had not paid KRW 730,900 of the worker D wages and KRW 69,550 of the annual leave allowances within 14 days from the date of retirement; (b) Article 5(2)1 of the former Minimum Wage Act (amended by Act No. 14900, Sept. 19, 201; hereinafter the same) and Article 3 of the former Enforcement Decree of the Minimum Wage Act (amended by Presidential Decree No. 2388, Dec. 21, 201); and (c) Article 3 of the former Enforcement Decree of the Minimum Wage Act (amended by Presidential Decree No. 2388, Dec. 21, 2011) with respect to the assertion of reduction of wages during the period of probation.