The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, despite the conviction of each of the facts charged in this case that the defendant did not pay six workers' wages within 14 days from the date of each retirement without agreement on extension of the payment due date, the court below which acquitted the defendant otherwise, has erred in the misapprehension of facts and thereby affecting the conclusion of the judgment.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to have a reasonable doubt, to the extent that there is no room for a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in light of the fact that the Criminal Appeal Trial has the character as a post-trial even after deceiving the lower court, and the spirit of substantial direct examination under the Criminal Procedure Act, etc., in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as examination of witness, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the extent of sufficiently resolving the reasonable doubt caused by the first instance trial, such circumstance alone alone makes it difficult to prove a crime erroneous in the judgment of the first instance court that there was an error of mistake of facts (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). Meanwhile, whether a person is a worker under the Labor Standards Act ought to be in substance regardless of the form of a contract.