1. Article 43(1) of the Labor Standards Act (hereinafter “Act”) provides that “The wages shall be paid in full in currency directly to workers.” Article 43(2) of the Act provides that “The wages shall be paid at least once a month on a fixed date.” Furthermore, Article 109(1) of the Act provides that “In the event of a violation of Article 43 of the Act, imprisonment for not more than three years or a fine not exceeding twenty million won shall be imposed.”

The purpose of these provisions is to ensure the stability of workers' livelihood by forcing the employer to pay the full amount of wages to workers on the fixed date of each month, so if the employer fails to pay the full amount of wages at the due date of payment of wages, the crime of violation of each of the above provisions shall be established.

(2) On April 11, 2003, the lower court, based on its adopted evidence, acknowledged that the date of regular payment of wages (including overtime allowances) of the instant workers was the 25th day of each month, and the date of regular bonuses was the 10th day of each month, and that the Defendant would pay the employees the regular bonus of February 2012 and the overtime allowances of January 25, 2012, which was the 2012 regular payment date, to February 27, 2012, which was the 2012 regular payment date. In so doing, the lower court recognized that the Defendant paid the overtime allowance and the regular bonus of February 27, 2012 more late than the payment date, apart from the case where the Defendant violated Article 43(1) of the Act, while Article 43(2) of the Act, which is a provision punishing a violation of the total payment principle of wages, was a violation of Article 43(1) of the Act, which is unfavorable to the Defendant.