The part against the defendant shall be reversed.

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

The defendant above.

A. The Defendant, due to erroneous determination of facts, decided to offset part of the claim for construction price and the claim for subcontract price against the Defendant A.

Therefore, there is no subcontract price that the defendant should pay to A any more, and it cannot be viewed that there is a reason attributable to the defendant for A's failure to pay wages to workers.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts regarding a violation of the obligation to pay wages and retirement allowances as stipulated under the Labor Standards Act has the best efforts for the payment thereof. However, an employer is exempted from liability only if the inevitable circumstances that were unable to be paid within the due date due to financial difficulties, etc. due to financial standing, etc. are recognized in light of social norms, and the employer cannot be exempted from liability merely because it was impossible for the employer to receive financial pressure due to financial difficulties, etc., and in determining whether there was “inevitable circumstances that could not be paid within the due date” under Article 4 of the Labor Standards Act, the employer may make maximum efforts to liquidate wages or retirement allowances to early in order to secure the stability of the livelihood of retired workers, etc., or present a clear future repayment plan, and consult with the employee in good faith, and whether there was an objectively acceptable measure from the standpoint of the retired workers, etc. (see, e.g., Supreme Court Decision 2011Do10539, Nov. 10, 2011).