The defendant's appeal is dismissed.

1. The lower court dismissed the prosecution as to the violation of the Labor Standards Act against workers B among the facts charged in the instant case, and convicted the remainder of the facts charged.

As to this, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the dismissal of the above public prosecution, the dismissal of the above public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of violating the Labor Standards Act due to the failure to pay wages, although the Defendant made best efforts to pay wages to the victimized workers, due to an inevitable circumstance that was unable to pay wages within the due date due to an insolvent financial situation, etc., which led to the misapprehension of the legal doctrine, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In determining the misapprehension of the legal doctrine’s assertion, an employer is exempted from liability only when the employer has made best efforts to pay the wages and retirement allowances within the due date under Articles 109 and 36 of the Labor Standards Act, but the employer was unable to pay them within the due date due to financial difficulties, etc. due to business depression, etc. in light of ordinary social norms. The mere fact that the employer was unable to receive pressure due to financial difficulties, etc., and the employer cannot be exempted from liability. In determining whether there was “a situation in which wages or retirement allowances could not be paid within the due date”, the employer’s wages, retirement allowances, etc. are to promote the stabilization of the livelihood of retired workers, etc.