The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not pay the annual paid leave allowance to E, F, and G (hereinafter “the above workers”) who are workers retired from the company D, and the Defendant did not pay the annual paid leave allowance to E, F, and G (hereinafter “the above workers”), the lower court acquitted the above workers of the facts charged of this case on the ground that the annual paid leave allowance under the comprehensive wage agreement concluded with the above workers included the annual paid leave allowance, and the Defendant did not have any obligation to pay the above workers the annual paid leave allowance separately from the above annual salary. The lower court erred by misapprehending the facts and affecting

2. Determination

A. The summary of the facts charged is an employer who has been engaged in waste recycling business by employing 30 full-time workers as an actual operator of D Co., Ltd. (hereinafter “instant company”).

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

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, on January 10, 2010, the Defendant retired from the said place of business (from December 16, 2006 to January 10, 2010) the annual unused leave allowances of E (from January 10, 2006 to December 16, 2006) and the annual paid leave allowances of 765,520 for the year 207 and the annual paid leave allowances of 1,148,280 for the year 2008, and on July 5, 2010, the Defendant did not pay the annual paid leave allowances of F (from November 19, 2007 to July 5, 2010) for the retirement of F (from the annual paid leave allowances of 1,492,800 for the year 2008 to December 31, 2010 to the retirement of 208.

B. The key issue of the instant case is that the instant company entered into with the said employee.