The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

However, for a period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Legal principles are acknowledged that the Defendant, as the representative of C Co., Ltd., failed to pay wages and retirement allowances to 12 workers, including D (hereinafter “workers of this case”), as stated in the judgment of the court below, as stated in the facts charged of this case. However, the notification of termination of a contract for the sale of aggregate and the unpaid aggregate amount, and the payment of aggregate due to a heavy rain in the diameter of 2017, etc.

In other words, although the defendant performed his best efforts to pay wages, there was an inevitable circumstance that the defendant was unable to pay wages, etc. within the payment due to business depression, etc., and the defendant was unable to prevent delayed payment of wages, etc. even though he made every sex and effort, and the defendant was able to be able to support the defendant's responsibility in light of social norms. Thus, the court below found the defendant guilty of all the charges in this case. The court below erred in the misapprehension of legal principles.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The offense of violation of the duty to pay wages or retirement allowances within the payment period is exempt only when an employer has made the best efforts for the payment of such wages or retirement allowances, but an inevitable circumstance, which was unable to be paid within the payment period due to financial difficulties, is recognized in light of social norms.

Therefore, the employer cannot be held liable solely on the ground that it was impossible for the employer to pay wages or retirement allowances under pressure due to business depression (see, e.g., Supreme Court Decision 2002Do649, Nov. 26, 2002). In addition, when determining whether there was an inevitable circumstance in which wages or retirement allowances could not be paid by the due date, the employer would liquidate wages or retirement allowances at an early stage in order to promote the stabilization of the livelihood of retired workers, etc.