The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case on the ground that there was an inevitable circumstance that the company’s excessive provisional seizure, which had been conducted with the receipt of a joint supply and demand, had aggravated financial standing, and thus could not observe the payment date of wages, and there was an error of law by

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, where an employer was unable to prevent delayed payment of wages or retirement allowances even if he/she had made efforts with all sex and efforts, and the employer cannot expect more lawful acts of the employer as a matter of social norms, or where it is acknowledged that the employer was unable to pay wages or retirement allowances within the due date due to financial circumstances, etc. caused by business depression, even though he/she made the best efforts to pay wages or retirement allowances, such inevitable circumstances are the grounds for excluding liability for violation of Article 36 of the Labor Standards Act. However, the employer’s failure to pay wages or retirement allowances or delayed payment on the sole ground of business depression does not allow the Labor Standards Act (see, e.g., Supreme Court Decisions 2002Do366, Sept. 24, 2002; 2002Do36666, the employer made best efforts to pay them, but the employer was unable to be exempted from liability merely with the employer’s pressure or pressure to pay them within the due date.