The prosecutor's appeal is dismissed.

1. According to the evidence duly submitted by the prosecutor, such as the summary of the grounds for appeal: D and E’s statement at each investigation agency and each court of the original instance; text messages given and received between the Defendant and the instructors of the driving school; and H details, etc., the following can be sufficiently recognized as an employee under the Labor Standards Act who has provided labor in a subordinate relationship with the Defendant for the purpose of paying wages.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to deem D and E as a worker under the Labor Standards Act.

2. The summary of the facts charged in the instant case is the representative director of C in Suwon-si, Suwon-si, who ordinarily employs eight workers and operates a private teaching institute business. A.

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

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

Nevertheless, the Defendant did not pay KRW D’s wages of 3,923,225 on August 1, 2017, which had been employed from October 1, 2015 to August 16, 2017 at the same place of business, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked for the aforementioned workplace from August 19, 2014 to January 31, 2017.