Whether it constitutes a ground for excluding liability for a violation of Article 36 of the Labor Standards Act in cases where it is deemed that there are unavoidable circumstances in which wages cannot be paid (affirmative)

Although an employer is not allowed to pay wages solely on the ground that the company is in economic depression, if it is recognized that the employer has made the best efforts to pay wages, but it is not possible to avoid wages within the due date due to financial circumstances due to managerial depression, etc., such reason constitutes a ground for exclusion from liability for crimes violating Article 36 of the Labor Standards Act.

Articles 36 and 112 of the Labor Standards Act

Supreme Court Decision 85Do1262 delivered on October 8, 1985 (Gong1985, 1509) Supreme Court Decision 92Do2089 delivered on July 13, 1993 (Gong1993Ha, 2328) Supreme Court Decision 94Do1477 delivered on November 10, 1995 (Gong195Ha, 3959) Supreme Court Decision 2001Do204 Delivered on February 23, 2001 (Gong201Sang, 822)

Defendant

Prosecutor

Daegu District Court Decision 2001No3365 delivered on June 28, 2002

The appeal is dismissed.

Although an employer is not allowed to pay wages solely on the ground that the company is in economic depression, if it is acknowledged that the employer has made the best efforts to pay wages, but it is not possible to avoid wages within the due date due to financial circumstances due to managerial depression, etc., such reason constitutes a ground for exclusion from liability for crimes violating Article 36 of the Labor Standards Act (see Supreme Court Decision 2001Do204, Feb. 23, 2001).

In the same purport, the court below affirmed the judgment of the court of first instance that acquitted the defendant on the facts charged of this case on the ground that it is reasonable to maintain the court below's decision that the defendant made best efforts to pay bonuses to the employees of his workplace, but it is not possible to avoid bonuses within the due date due to the financial situation due to the poor management, etc.

Therefore, the appeal is dismissed as per Disposition.

Justices Zwon (Presiding Justice)