The prosecutor's appeal is dismissed.

1. Of the instant facts charged, the lower court found the Defendant guilty of the violation of the Labor Standards Act due to the non-performance of the duty to liquidate wages of retired workers (including non-guilty in the grounds), ② guilty of the violation of the Labor Standards Act due to non-payment of wages (including non-guilty in the grounds), ③ guilty of the violation of the Act on Guarantee of Workers' Retirement Benefits, ④ acquitted of the violation of the Labor Standards Act due to non-issuance of employment contract, and only the Prosecutor appealed the above (1),

(4) Therefore, the violation of the Labor Standards Act due to non-delivery of the labor contract is separately decided and eventually, the scope of the judgment of this court is limited to the above ①, ② and ③.

2. Summary of grounds for appeal;

A. In the judgment of the court below, since the defendant is obligated to pay overtime allowance or holiday work allowance for the following reasons, the part not guilty in the reasoning of the judgment of the court below (Provided, That the prosecutor did not include the part of G volunteer service allowance of KRW 80,000 in the content of appeal) is recognized, there is an error of law

1) In relation to the part of the entrance allowance, since the contents of the entrance allowance include the order of the teacher's introduction, it was a situation in which the victimized workers, not the teacher, should be present at the entrance examination. 2) In relation to the F Camp allowance part, it is not confirmed whether the Defendant granted a substitute holiday to the victimized workers before and after the camping period, and it is not possible to offset the provision of a leave against the legal allowance.

B. The judgment of the court below on the grounds that an unreasonable sentencing (guilty part of the judgment of the court below) is unfair as it is too uneasible.

3. Determination

A. 1) The summary of this part of the facts charged is that the Defendant, as the representative of the school C in Yongsan-gu, Yongsan-gu, Youngyang-gu, Seoul, operated an educational service business using 30 full-time workers. A) An employer failing to perform his/her duty to liquidate wages of retired workers, dies or retires.