The appeal is dismissed.

The grounds of appeal are examined.

Although an employer is not allowed to delay the payment of wages or retirement allowances to a worker solely on the ground that the company is in economic depression, if it is recognized that the employer was unable to prevent the delayed payment of wages or retirement allowances even if all gender and efforts were made, and it is recognized that the employer was no longer lawful act or inevitable circumstances, such reason constitutes a ground for the violation of the duty to pay wages and retirement allowances stipulated in the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act.

(See Supreme Court Decisions 2008Do5984 Decided October 9, 2008; 2001Do204 Decided February 23, 2001, etc.). When a decision is made to commence rehabilitation procedures for a company, the authority for the performance of the debtor’s business, management and disposal of assets shall belong exclusively to the administrator.

[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)]

Article 56(1) of the same Act. However, a custodian is not a debtor or his/her agency or representative, but a kind of public trustee as a manager of the so-called interested organization comprised of debtors and creditors, etc. (see, e.g., Supreme Court Decision 2010Da63836, Mar. 28, 2013). In order to coordinate legal relations among interested parties, including creditors, shareholders, equity right holders, etc. and facilitate efficient rehabilitation of the debtor or his/her business, and is subject to court supervision by various methods, such as obtaining prior permission from the court (see, e.g., Article 61 of the Debtor Rehabilitation Act) or reporting the debtor’s business and management status, etc. to the court (see, e., Articles 91 through 93 of the same Act). In light of the status and role of a custodian in rehabilitation procedures, the performance of duties