The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the summary of the grounds for appeal, O, Q and P’s statement, it is reasonable to deem that the Defendant’s labor contract was concluded between the Plaintiff and the employees indicated in the instant facts charged, and thus, the lower court acquitted the Defendant on the ground that the contract was concluded between the instant company and theO. In so determining, the lower court erred by misapprehending the legal doctrine.

2. Alteration of indictment (additional of the facts charged in reserve);

A. In the trial, the prosecutor maintained the existing facts charged as the primary facts charged, and applied for the amendment of the indictment with the contents that add the following facts charged as the ancillary facts charged, and this court was allowed to do so and added to the subject of the trial.

B. Preliminary charges are the substantial representative of the Busan District Co., Ltd. Co., Ltd. Co., Ltd., and the Defendant, as the representative of the Busan District Co., Ltd. Co., Ltd., a sub-contractor for the construction of a new building in Tong Young-si, a sub-contractor for the construction of a new building

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediate preceding contractor shall be liable for the wages jointly and severally with the subcontractor.

Nevertheless, the Defendant did not pay KRW 3,040,00 of E’s wages, KRW 4,480,00 of F’s wages, KRW 480,00 of G’s wages, KRW 4,480,00 of H’s wages, KRW 4,680,00 of H’s wages, KRW 3,680,00 of J’s wages, KRW 1,760,000 of J’s wages, KRW 3,360,00 of K’s wages, KRW 160,000 of L’s wages, KRW 640,000 of wages, KRW 480,00 of N’s wages, KRW 480,000 of N’s wages, and KRW 26,000 of workers’ wages, without agreement between the parties on retirement.

3. Determination

A. The lower court’s judgment on the grounds of appeal as to the primary facts charged is the evidence duly adopted and examined by the lower court.