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The judgment below
The guilty portion shall be reversed.
The sentence of sentence against the defendant shall be suspended.
The facts charged of this case.
Reasons
1. Summary of the grounds for appeal
A. In the event that the Defendant’s assertion as to the grounds for exclusion from liability overlaps with tort committed by fraud, etc. surrounding a hospital operated by the Defendant, national disaster situation, such as MERS, and enormous amount of medical treatment, etc., the Defendant was unable to pay wages, etc. inevitably due to financial difficulties even though the Defendant made his best efforts for the payment of wages and retirement allowances. As such, there is a reason to deny the Defendant’s responsibility for violating the Labor Standards Act
B. The lower court erred by misapprehending the legal doctrine that found the Defendant guilty of violating the Labor Standards Act, even though 4-5 workers among the workers falling under the part of the charges of violating the Labor Standards Act, who were found guilty, expressed their intention not to be punished against the Defendant prior to the pronouncement of the lower judgment.
2. Determination:
A. (1) Determination as to the assertion of reasons for the denial of responsibility (1) where an employer of the relevant legal doctrine does not pay or delay in payment of wages solely on the ground that the company is in economic depression, the Labor Standards Act does not allow. However, in the event that the employer was unable to prevent delayed payment of wages or failure to pay wages even if the employer had made all gender and efforts, and the employer cannot expect any longer lawful act of the employer, or where it is acknowledged that the employer was unable to pay wages within the payment period due to financial difficulties caused by business depression, etc., even though the employer made the best efforts to pay wages, and where it is deemed that the employer was unable to pay wages within the payment period, such reason constitutes a ground for excluding the liability for the crime of violation of Article 36 of the Labor Standards Act (see, e.g., Supreme Court Decision 2001Do204, Feb. 23, 2001). In order to determine whether there was “inevitable circumstances that could not be paid within the payment period”