Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. The court below found that the defendant, as the representative of C (hereinafter "C") and four workers, including D, were unable to pay wages and retirement allowances (hereinafter "workers of this case"), as the defendant as the representative of C (hereinafter "C"), but there were inevitable circumstances in which the defendant was unable to pay wages, etc. within the due date although he made his best efforts to pay wages, etc., but he was unable to pay wages, etc. within the due date due to business depression, etc., and the defendant could not be held liable for the delayed payment of wages, etc. even if he made efforts with all gender and efforts, and thus, the court below found the defendant guilty of all the facts charged of this case. The court below erred by misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the employer’s failure to pay wages or retirement allowances or delay in payment solely on the ground that the company is in economic depression is not permitted under the Labor Standards Act. However, in the event that the employer was unable to prevent delayed payment of wages, etc. or failure to pay wages, etc. even though the employer performed his/her efforts with all gender and efforts, and the employer was unable to expect more lawful acts by itself in light of social norms, or where it is acknowledged that the employer was unable to pay wages, etc. within the payment period due to financial difficulties, etc. due to management depression, etc., such circumstance constitutes grounds for excluding liability for crimes violating Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Security Act (see, e.g., Supreme Court Decision 2001Do204, Feb. 23, 2001).