The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Recognizing that there was an inclusive wage agreement between the Defendant and E in fact, while the monthly work hours of E are 174.89 hours in the assertion of E, and 159.68 hours in the assertion of the Defendant, the minimum wage is 75.55,524 won in 201 or 698,817 won in 201, 80,996 won in 2012, or 731,334 won in 2012, 849,965 won in 2013, or 764,044 in 201, the comparative wage to determine whether the wage paid to E falls short of the minimum wage is 720,000 won in 20,748,800 won in 2012, and the Defendant paid the wage that falls short of the minimum wage in E.

I would like to say.

Therefore, as long as the defendant committed a crime of violating the Minimum Wage Act, it is reasonable to view that the defendant's intentional act is recognized as to the existence of unpaid wages such as the difference between the above comparable wages and the annual minimum wage. The retirement allowances for E shall also be determined by aggregating the aforementioned unpaid wages.

The defendant did not pay wages below the minimum wage by mistakenly calculating the minimum wage for E due to the error of choice in the basic data of the comparative wage.

In the report, there is no intention to violate the Labor Standards Act, and there is no unpaid retirement allowance exceeding 153,180 won.

The judgment of the court below is erroneous in finding facts.

B. In light of the error in the calculation of accrued wages and retirement allowances for sentencing unfair E, the sentence (the suspended sentence in the amount of KRW 200,000) declared by the court below is too uneased and unreasonable.

2. Determination

A. (1) The minimum wage law in violation of the minimum wage law imposes an employer an obligation to pay wages exceeding the minimum wage amount on the part of the employer. If the amount of wages paid by the employer falls short of the minimum wage amount, the employer’s labor contract null and void to pay the amount that falls short of the minimum wage amount, thereby making the same payment as the minimum wage amount.