The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is not guilty of the facts charged in violation of the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits on the grounds that E cannot be deemed an employee under the Labor Standards Act who provided labor for the purpose of wage in a subordinate relationship with the Defendant. In full view of the circumstances such as (i) under employment by the Defendant under the direction of the Defendant, and (ii) on February 1, 2010, E ordinarily worked and worked every day after entering a stock company D (hereinafter “D”), and (iii) he received fixed remuneration of KRW 150,000 per month; (iv) was withheld from wage and salary; (v) the employee card issued by the Defendant was included in the position of “the head of the operating department E; and (iii) the fact finding that E is an employee operating the H parking lot is compatible with the fact that E is an employee under the Labor Standards Act, the lower court erred by misapprehending the legal principles as to the employee nature under the Labor Standards Act.

2. Determination

A. The summary of the facts charged in the instant case is an employer who operates D with 300 full-time workers employed in Yangcheon-gu Seoul Metropolitan Government, thereby running a transportation business chain.

(1) From February 1, 2010 to August 11, 2012, the Defendant did not pay an amount of KRW 1.5 million of wages on July 201, 2012, KRW 1.5 million of wages, KRW 1.5 million of wages on August 2012, and KRW 3 million of retirement allowances within 14 days from the date of retirement without an agreement on extension of the due date.

(2) When an employer intends to dismiss a worker (including dismissal for managerial reasons), he/she shall give an advance notice at least 30 days prior to such dismissal, and if he/she did not give an advance notice 30 days prior to such dismissal, the ordinary wages for not less than 30 days shall be paid.