The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant began to be the representative of “D” type, the Defendant was fully responsible for the application and receipt of subsidies for the operation of “D”, and paid wages to the employees, resulting in the subject of business management.

The judgment of the court below which acquitted the defendant on the ground that he was not the user of D.

The Defendant, as the D representative in Eunpyeong-gu Seoul Metropolitan Government, is an employer who runs an educational service business using six full-time workers. A.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in E-gu from March 12, 2018 to July 20, 2018 under the jurisdiction of the said workplace.

Labor of retired workers G 105,00 won as wages in July 2018 and from J of H-gu I to July 21, 2018.

In May 2018, K's wages of 153,120 won was not paid within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

(b) Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay KRW 26,50,880 in total amount of wages of KRW 6,565,540 from March 12, 2018 to July 20, 2018, as indicated in the following table, on the fifth day of each following month, which is the regular payment date, as follows.

The period of service of the name working place shall be 2018.