When the defendant does not pay the above fine, 100,000 won.

The defendant was the representative of the KMD, who was in Si-si, in the above place of business on April 26, 2013, the defendant did not pay KRW 1,416,66 of the wages and KRW 1,946,848 of the E, which was retired on April 26, 2013, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Legal statement of E;

1. The defendant and his defense counsel asserted that there is no money to be paid to the victim if the above vehicle repair cost is deducted from the victim's wage and retirement pay, since the defendant bears a burden of 3,757,334 won for the vehicle repair cost due to the victim's negligence.

Inasmuch as wages for workers shall be paid in full to workers, an employer shall not set off against workers’ wage claims, with the exception of the refund claims of excess wages, with the employer’s claims against the worker (see, e.g., Supreme Court Decision 99Do2168, Jul. 13, 1999). Meanwhile, if, with the employer’s consent, where an offset is made against workers’ wage claims with the worker’s consent, reasonable grounds that the consent was based on the worker’s free will exist, such set-off agreement may be possible

However, in light of the purport of the principle of full payment of wages, determination that the consent of an employee is based on the free will should be strictly and carefully conducted (see Supreme Court Decision 2001Da25184, Oct. 23, 2001, etc.). This case’s health class and health class cannot offset against the employee’s wage claim with the claim for reimbursement of automobile repair expenses which the defendant unilaterally has against the employee who suffered damage, and the victimized employee stated to the effect that “the employee unilaterally received the automobile repair expenses from the defendant by telephone and did not consent to offset” in this court.