According to the reasoning of the lower judgment and the evidence duly admitted, the following facts are revealed.

① The Defendant is a D’s 120 full-time worker, who is engaged in vessel vessel processing business upon being awarded a contract for a hull design construction work at a macro-manufacturing place (hereinafter “instant place of business”) from C (hereinafter “C”).

② On May 1, 2017, in the instant place of business, there was a serious accident that caused the injury or death of the subcontracted worker due to the collision between the athletes, and the head of the Busan Regional Employment and Labor Office ordered C to suspend the work at the instant place of business with regard to C.

③ Pursuant to the above suspension order, the Defendant temporarily suspended the work contracted from C at the instant workplace, and suspended the business from May 2, 2017 to May 31 of the same year to the employees employed by the Defendant.

④ The Defendant received part of the money for the purpose of temporary shutdown allowances from C, and paid temporary shutdown allowances to some workers. However, as indicated in the facts charged in this case, the Defendant did not pay 50 workers totaling KRW 97,479,749, which was June 17, 2017, on the regular payment date of temporary shutdown allowances.

Examining the above facts in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine as to “the cause attributable to the employer” under Article 46(1) of the Labor Standards Act, or by violating the principle of self-responsibility under the Constitution, on the grounds that the lower court temporarily shut down the business for reasons that cannot be asserted as the force majeure of the Defendant.”

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-in

Justices Min You-sook of the District Court

Justices Lee Jae-hwan