Of the facts charged against the accused, the unpaid part, such as wages, against C (attached Form C) shall be included.

Parts of innocence

1. The summary of the facts charged is the defendant who served from February 6, 2009 to December 21 of the same year, and from February 2012 to October 31 of the same year, as the representative of the F service number of an incorporated association (hereinafter “instant prosperity”).

An employer shall pay wages to workers at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the sum of KRW 400,000,000 on July 7, 2009 and the monthly paid leave allowance of KRW 400,000 on August 5, 2009, which is a regular payment date, as well as the sum of KRW 2,00,000,00, as described in the “C” column in the attached crime list from around that time to December 5, 209.

2. Determination

A. Although an employer is not allowed to delay the payment of wages, etc. to workers solely on the grounds that the relevant legal entity is in distress, if it is recognized that the employer was unable to prevent the delayed payment of wages or the failure to pay wages even if all gender and efforts were made by social norms, and where it is deemed that the employer was unable to expect more lawful acts or that the employer was an inevitable circumstance, such reason constitutes a ground for exclusion from liability (see Supreme Court Decision 2008Do5984, Oct. 9, 2008). Meanwhile, in determining whether the employer was unable to pay wages or retirement allowances by the due date, the employer’s efforts to make full repayment to liquidate the wages or the retirement allowances as soon as possible or presented a clear future repayment plan, and consult with the worker in good faith, etc. on this, it can be a single ground for exclusion from liability.

(See Supreme Court Decision 2005Do9230 Decided February 9, 2006, etc.). B.

Judgment

The evidence duly adopted and examined by this court is based on the facts found.