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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant could not have to pay wages to E and F due to the financial difficulties of D Housing Reconstruction and Improvement Project Association (hereinafter “instant association”), and there is a ground for excluding liability.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.
2. Determination
A. Although an employer has made best efforts to pay wages and retirement allowances in accordance with Articles 109(1) and 36 of the Labor Standards Act, a violation of the duty to pay them within the due date is exempted only when it is acknowledged in light of social norms in light of the inevitable circumstances that were unable to pay them within the due date due to financial difficulties, etc. due to financial difficulties, etc., and the employer cannot be exempted from liability merely on the ground that the employer was unable to pay them by receiving financial pressure due to financial difficulties, etc. In determining whether there was "inevitable circumstances that could not be paid within the due date", the employer’s efforts to pay the wages or retirement allowances to the maximum extent possible in order to facilitate the stabilization of the livelihood of retired workers, etc., or presented a clear future repayment plan to the extent possible to early liquidate them, and whether there was an objective measure that could be objectively assessed as being acceptable from the standpoint of the retired workers, etc. can also be a concrete expression.
(See Supreme Court Decision 2005Do9230 Decided February 9, 2006, etc.). The evidence duly adopted and examined by the lower court and the following circumstances, i.e., the Defendant, as the president of the instant association, paid benefits of KRW 1.60,00 per day from March 21, 2013 to April 2, 2013 to the members of the instant association, provided that: (a) the Defendant, as the president of the instant association, pays benefits of KRW 1.60,00 per day from March 21, 2013 to April 2, 2013.