The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. (i) As to the Defendant (as to the conviction), the Defendant made best efforts to pay wages to the employees, and tried to hear the employees’ opinions and accept the employees’ opinions at the last time, but was extremely difficult to pay wages due to the management situation at the time.

Therefore, the Defendant cannot be held liable for the Defendant’s violation of Article 36 of the Labor Standards Act, on the ground that “it is inevitable that the Defendant could not pay wages by the due date.”

Shebly Sentencing the sentence of the lower court (the penalty amount of five million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination:

A. The Defendant’s violation of the duty to pay wages, etc. under Articles 109 and 36 of the Labor Standards Act is exempted only when the employer has made the best efforts to pay the wages, etc., but the inevitable circumstances that were unable to be paid within the payment period due to financial difficulties, etc. are acknowledged in light of social norms. The employer cannot be held liable merely because the employer was unable to pay the wages, etc. under pressure due to financial difficulties (see Supreme Court Decision 2002Do649, Nov. 26, 2002). In addition, in determining whether there were inevitable circumstances that could not be paid within the payment period, the employer made the best efforts to pay the wages, etc. to early liquidate the retirement worker, etc. in order to promote the stability of the livelihood of the retired worker, etc., and clearly presented the future repayment plan, and whether the measures can be objectively assessed as an objectively acceptable level in the disposition such as faithfully consulting with the employee, etc. (see Supreme Court Decision 2006Do2969, Feb. 26, 2006).