The judgment below

The guilty part shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the prosecution against the violation of each Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act against the workers indicated in the annexed Table Nos. 1 through 10, 12, and 42 (U.S. District Court Sejong District Court’s Pyeongtaek District Court’s ordinary Housing Site) and the workers indicated in the annexed Table Nos. 2017 and 1752 (the same court’s case). The lower court convicted the remainder of the facts charged.

However, the defendant filed an appeal against the guilty portion, and since all the defendant and the prosecutor dismissed the public prosecution, the dismissal part of the above public prosecution becomes final and conclusive as is, the scope of this court's judgment is limited to the guilty part of the judgment below.

2. Summary of grounds for appeal;

A. The fact that the Defendant had failed to pay wages and retirement allowances within the statutory due date is a result of inevitable occurrence even though he/she fulfilled his/her best efforts in the crisis of management beyond simple management depression or depression. During that process, the Defendant has continuously consulted on the methods or schedule for the payment of wages and retirement allowances with workers.

Therefore, there is an inevitable circumstance that the defendant could not pay the wages or retirement allowances within the due date, and the reason for exclusion from liability is recognized.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

3. Determination

A. The violation of the duty to pay wages and retirement allowances, etc. under Articles 109 and 36 of the Labor Standards Act on the assertion of mistake of facts is exempted only when an employer has made the best efforts to pay the said wages and retirement allowances, but an inevitable circumstance, which was impossible to pay within the due date due to financial difficulties, etc. due to management difficulties, is acknowledged in light of social norms, and the employer merely pressures the employer to pay them