The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal, etc., the defendant is the management body D of the officetel of this case where the defendant is the representative employer. However, the judgment of the court below is erroneous in the misapprehension of legal principles or erroneous determination of facts, which acquitted the defendant on the ground that E, a non-management body, constitutes D's employer.

2. Determination

A. The summary of the facts charged in the instant case is the employer who runs real estate management business by ordinarily employing 15 workers as the representative of the Busan Metropolitan City Office of Shipping and Daegu Office of Management.

1) An employer shall pay wages exceeding the minimum wage amount determined and announced annually by the Minister of Employment and Labor to an employee subject to the minimum wage, and an employer shall pay wages of at least 4,320 won at the minimum wage rate during the period from January 1, 2011 to December 31, 201, and an employer shall, during the period from January 1, 201 to December 31, 2012, pay wages of at least 4,580 won at the minimum wage rate during the period from January 1, 2012 to December 31, 2012; however, the Defendant, while retired from his/her workplace from office during the period from November 1, 2011 to October 31, 2011, did not pay an hourly wage of at least 1,842 won below the minimum wage rate during the period from December 1, 201 to December 14, 2012; and the Defendant did not pay any amount below the minimum wage rate within 10 days after retirement or 14 days.

B. The lower court determined as follows: (a) based on the circumstances stated in its reasoning, paid the wages of the management staff from the management body’s account; and (b) four.