근로기준법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant paid the amount equivalent to the work amount originally planned to be paid to E or F, but the above workers refused to receive the amount, and the defendant was unable to pay wages due to the violation, such as interference with the work of the above workers, violence, etc., and therefore there is a justifiable reason that the defendant did not pay wages.
Even if all of the facts charged in the instant case are found guilty, the lower court erred by misapprehending the facts.
2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, there is a justifiable reason for the Defendant to have not paid wages to workers E and F.
subsection (b) of this section.
Therefore, the judgment of the court below that found all of the facts charged in this case guilty is just, and there is an error of law by misunderstanding facts as pointed out by the defendant and affecting the conclusion of the judgment
Therefore, the defendant's above assertion is without merit.
① The Defendant himself recognized that he entered into an employment contract with E in the amount of KRW 3 million per month, and KRW 2 million per month with F in the amount of KRW 3 million per month, and there is no circumstance that the Defendant agreed to determine the amount of the said wage in proportion to the amount of the said worker’s work.
② Since wages to workers shall be paid in full directly to workers, the employer may not set off against workers’ wage claims with loans or claims arising out of tort except for the over-paid claims for the refund of wages (see, e.g., Supreme Court Decision 99Do2168, Jul. 13, 1999). Thus, even if the Defendant’s above assertion that the Defendant has certain damage claims against the above workers due to the worker’s obstruction of business or unlawful act such as violence, etc., the above claim and the wages.