The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant believed that the online game developed by the company can be resolved when completion of the online game, and made best efforts to prevent delayed payment of wages, such as inducing investment from the Chinese company, and repaying the company’s obligations by investing in the company, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The crime of violating the obligation to pay wages and retirement allowances under Articles 109 and 36 of the Labor Standards Act in relation to the defendant's assertion of mistake of facts or misapprehension of legal principles is exempted only when the employer has made the best efforts to pay the wages and retirement allowances, but the inevitable circumstances that were unable to be paid within the due date due to financial difficulties, etc. are acknowledged in light of ordinary social norms. The employer cannot be exempted from liability merely because the employer was unable to pay the wages or retirement allowances by pressure due to financial difficulties, etc., and in determining whether there was "inevitable circumstances that could not be paid within the due date", in order to facilitate the stabilization of the livelihood of the retired worker, etc., the employer may be a specific commitment to demand that the employer make the best effort to pay the wages or retirement allowances to early liquidate them in order to promote the stability of the livelihood of the retired worker, etc., or to consult with the worker in good faith.

(see, e.g., Supreme Court Decisions 2005Do9230, Feb. 9, 2006; 201Do10539, Nov. 10, 201). In light of the records, the Defendant is guilty.