The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine, although the Defendant did not have employed Defendant E as an employee.

In addition, the sentence imposed by the court below is too unreasonable.

B. The judgment of the court below that recognized only KRW 5,66,670 as unpaid wage even though the Defendant’s unpaid wage was KRW 21 million was erroneous in the misapprehension of the facts.

2. We also examine the Defendant’s misunderstanding of the facts, misapprehension of the legal doctrine, and prosecutor’s misunderstanding of facts.

A. The Defendant in the facts charged in the instant case is a person who constructs a Dental Care Center by using one full-time worker in the Hongcheon-gun, Hongcheon-gun, and two parcels of land.

1) When concluding a labor contract, an employer who has not prepared a labor contract must specify the working conditions prescribed by Presidential Decree, such as wages, prescribed working hours, etc., to the worker, and deliver to the worker a written document specifying the constituent items, calculation method, and payment method of the wages

Nevertheless, the Defendant, from November 1, 2014 to September 25, 2015, concluded a labor contract with E (hereinafter “the Deceased”) where he/she died while working as a site warden at a newly constructed site of D medical care center from around September 11, 2015, and did not deliver to the employee a labor contract specifying working conditions, etc.

2) If an employee dies or retires, the employer payable the wages, compensations, and any other money or valuables shall be paid within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the sum of the net wages of KRW 21 million between November 11, 2014 and September 25, 2015, who had worked as an on-site warden at the construction site of Dental Care Center from September 11, 2015 to September 25, 2015, without agreement between the parties on the extension of the payment deadline.

B. According to the evidence duly adopted and examined by the court below, the defendant's bereaved family members receive the unpaid amount of KRW 5,66,670 in the auction procedure for the real estate of the defendant.