The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the F, operated by the Defendant, is a place of business separate from the head office factory, and the number of regular workers is not less than five, and thus, the Labor Standards Act does not apply to retirement benefits and business suspension allowances, and the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in matters

2. The lower court ex officio determined that among the facts charged in the instant case, the Defendant did not pay KRW 3,413,09, and KRW 3,608,432 to employees G, within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the instant case and the extension of the payment period. As to the part of the facts charged, Articles 109(1) and 36

However, according to Articles 109(1) and 36 of the Labor Standards Act, the Act on the Guarantee of Workers' Retirement Benefits enacted by Act No. 7339 on January 27, 2005, which came into force from December 1, 2005, and Article 34 of the amended Labor Standards Act, the punishment for unpaid retirement benefits to workers after the enforcement date of the above Act shall not be governed by Articles 109(1) and 36 of the Labor Standards Act, but Articles 3

(1) The court below's decision that applied the Labor Standards Act to the above facts charged is erroneous in the application of the Act, since only the name of the crime and the applicable provisions of law are different, and the facts charged per se are identical and there is no possibility of causing substantial disadvantage to the defendant's exercise of his right to defense, and therefore, the court below's decision that applied the

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this will be examined below.

3. The term “workplace” under the Labor Standards Act for determining a mistake of facts means the organic combination of physical facilities and labor force.