Defendant

All the appeals by K and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Five workers, such as AD, who were recorded in the facts charged against Defendant K-M, were employed at the construction site, and the above Defendant, who had been the manager at the time, could not be known of the employment of the above workers and the delayed payment of wages. Therefore, there is no liability for the above Defendant’s failure to pay wages to the said workers.

Nevertheless, the judgment of the court below that found the defendant guilty of violating the Labor Standards Act was erroneous.

B. Of the lower judgment, there was an inevitable circumstance that the said Defendant was unable to pay wages and retirement allowances within the payment deadline, on the ground that the lower court erred by misapprehending the legal doctrine on the Defendant A’s acquittal judgment, and Defendant A failed to make all efforts to reach an agreement on the payment of wages and retirement allowances to workers and the payment of wages.

shall not be deemed to exist.

Nevertheless, the court below judged that the above defendant was unable to pay wages and retirement allowances to workers within the payment date or on the regular payment date of wages, and judged the defendant not guilty of the facts charged against the above defendant on the ground that the above defendant was not responsible, and there is an error of misunderstanding of facts and legal principles

2. Determination

A. The lower court’s determination as to Defendant K’s assertion is based on the evidence duly adopted and investigated, namely, the following circumstances acknowledged by the lower court: ① Defendant K had employed five employees, including AD; and Defendant K is liable for the delayed payment of wages to the said employees.

In fact, the court’s application for permission to pay wages was omitted at the time of the replacement of the statutory manager, and thus, did not pay wages, and recognized the facts charged against the above Defendant.