The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that G, who is an employee of JJ, retired on March 31, 201, and G, who is alleged to be an employee of the above company until now, but only intends to receive wages and retirement allowances, and is a person who establishes and operates a separate company, and demands the above company to change the work rate for the above company, and thus, the above company should be deemed to have retired from the company. However, the court below acquitted the Defendant of this part of the facts charged. In so doing, the court below erred by misapprehending the facts

2. The summary of this part of the facts charged is that the Defendant is an employer who runs a manufacturing business by employing 20 full-time workers under the trade name of “J of the Company,” in Goyang-gu, Ilyang-si, Young-si, and the Defendant did not pay KRW 11,60,000 in total of KRW 5,830,000 in March 27, 201 and retired from the said place of business within 14 days from the date of occurrence without agreement on extension of the due date between the parties.

3. The lower court’s determination: (a) under the rules of employment of “J of the Company”, the company may have its employee retire when the employee himself/herself wishes to retire, when the dismissal is decided (Article 41(1)); (b) the date on which the written resignation was accepted or agreed to have been accepted in cases where the employee submitted the written resignation; and (c) the date on which dismissal was decided or notified in cases where dismissal was decided or notified (Article 41(3)); and (b) the facts charged reveal that G was retired on April 30, 201; (c) the Defendant asserted that G retired on March 31, 201; (d) however, G submitted a written resignation to K, the former representative director on March 23, 201, but received a written resignation from the company on March 25, 201; and (d) was not received subsequent notice of dismissal from the company; and (e) was employed by the company as seen earlier until the end of the following month until the office was closed.