The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where the part of night work allowances are not paid, first of all, due to the mistake of fact, it is established since the Supreme Court decision in 2010 that included the allowance on board in ordinary wages, and there is no circumstance to confuse whether the allowance on board is included in ordinary wages. Therefore, the Defendant who calculated and paid night work allowances based on ordinary wages calculated except the allowance on board is sufficiently acceptable.

Next, in the case of the unpaid part of continuous service allowances, H’s delivery of a resignation letter on March 31, 2010, but the calculation of continuous service allowances should be based on the date of the first entry in office in calculating the amount of continuous service allowances due to the lack of the suspension of employment. Therefore, the Defendant’s “duty to pay continuous service allowances” and “ intention to pay such unpaid amount” can be sufficiently recognized.

B. On March 27, 2018, the reason for appeal that the sentencing was unfair is specified.

If the court below found the defendant guilty, it is unfair that the sentence (300,000 won in penalty) of the court below against the defendant is too unfluent.

2. Judgment on the grounds for appeal

A. As to the assertion of misunderstanding of facts, the lower court determined that the part concerning the unpaid night labor allowance was “it is difficult to recognize that the Defendant had the intention to pay the night allowances even if the evidence submitted by the prosecutor alone is recognized as a civil liability for paying the night allowances,” on the grounds stated in its reasoning.

However, there is no clear circumstance that the circumstances presented by the lower court and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the Defendants worked in D Co., Ltd. for a short period of time, and that the Defendants requested the Defendant to pay night work allowances specially accrued until they file the instant petition on or around June 2016 (Evidence Records).