대법원 2018.10.04 2017도21924



The appeal is dismissed.


The grounds of appeal are examined.

For the following reasons, the lower court convicted the Defendant of the violation of the Labor Standards Act related to workers E and the violation of the Workers’ Retirement Benefit Security Act.

(1) On August 2015, the Defendant deducted equipment loss expenses and excess oil expenses from E when paying pro rata’s wages. During that process, there was consent based on E’s free will.

It is difficult to see it.

(2) Since both of them were employed by the Defendant Company D, from January 15, 2014 to August 10, 2015, and were employed as an employee under the Labor Standards Act, the Defendant is obligated to pay a considerable amount of retirement pay to E during that period.

(3) Upon agreement with E on April 29, 2015, the Defendant paid a discharge of KRW 2.4 million to E on May 2015, but the agreement on retirement pay was reached due to this.

It is difficult to see it.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment, which affected the conclusion of the judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the consent to wage set-off, the intent to pay wages and retirement allowances, and the payment of retirement allowances

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.