The judgment below

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

(1) The Defendant is the owner of D, who is a full-time worker, and is engaged in the vessel vessel vessel processing business upon contract with C (hereinafter “C”) for the hull mooring work at the business place of a vessel manufacturing station (hereinafter “instant business place”).

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 The Defendant temporarily suspended work contracted from C at the instant workplace in accordance with the order to suspend the above work, and from May 2, 2017 to the same year to the employees employed by the Defendant.

5. up to 31. Suspension of business.

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 the instant case, the Defendant did not pay 50 workers totaling KRW 97,479,749 during the period of temporary shutdown, on June 17, 2017, which was the regular payment date.

Examining the above facts in light of the relevant legal principles, the lower court is obligated to pay leave allowances to workers by suspending business due to a cause not attributable to the Defendant’s force majeure. In so determining, the lower court did not err by misapprehending the legal doctrine regarding “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

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