A. Real estate and construction games have deteriorated due to the bloddon base situation that occurred in 2008 due to mistake of facts, and due to this, the company that the defendant operated was unable to liquidate the wages and retirement allowances in this case, and the defendant made best efforts to file an application for rehabilitation to pay the wages in this case. The overdue payment of the wages in this case by the defendant is due to the above inevitable circumstances.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (the fine of eight million won) is too unreasonable.

2. Determination

A. (1) The offense of violating the duty to pay wages and retirement allowances, etc. under Articles 109 and 36 of the Labor Standards Act is exempted only when an employer has made the best efforts to pay them. However, the inevitable circumstance that was unable to pay within the due date due to financial difficulties due to the management difficulties, etc. is acknowledged in light of social norms, and the employer cannot be exempted from its liability merely on the ground that the employer was unable to pay them by receiving financial pressure due to the management difficulties, etc.

In this context, in determining whether there was an inevitable circumstance in which wages or retirement allowances could not be paid by the fixed date, whether measures to objectively be objectively acceptable from the standpoint of the retired worker, etc., such as making maximum efforts to liquidate wages, retirement allowances, etc. early in order to secure the livelihood stability of the retired worker, etc., or presenting a clear repayment plan in the future, and faithfully consulting with the worker, etc., can also be a specific requisition.

(see, e.g., Supreme Court Decisions 2005Do9230, Feb. 9, 2006; 201Do10539, Nov. 10, 201). (2) We examine and examine the records.