beta
(영문) 서울북부지방법원 2019.03.26 2018나34672

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3.

From the end of 2016, the Defendant engaged in construction business, etc. with the trade name “D” in Seoul Northern-gu, Seoul, and the Plaintiff worked as an employee of the Defendant’s workplace from May 1, 2017 and retired on July 19, 2017.

B. Of the Plaintiff’s wage for the above service period, the Defendant’s wage not paid to the Plaintiff is KRW 900,000.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 900,000 and damages for delay calculated at the rate of 20% per annum from August 3, 2017 to the date of full payment, 14 days after the Plaintiff’s retirement date, barring special circumstances.

B. The defendant's argument 1) The defendant's summary of the defendant's assertion was that the plaintiff had no house to live and agreed to pay the monthly rent between the plaintiff and the plaintiff after deducting the monthly rent from the plaintiff's salary, and paid the plaintiff's total amount of KRW 900,000 on behalf of the plaintiff. Thus, the defendant is not obligated to pay the above wages of KRW 90,000 to the plaintiff. 2) The defendant leased the above ground E-owned building in Gangnam-gu Seoul, Seoul, and resided in the above building while the plaintiff worked in the defendant's place of business, and the fact that the defendant paid the lessor's total of KRW

However, the purport of Article 42(1) of the Labor Standards Act, which declares the so-called principle of total wage payment, by stipulating that "wages shall be paid in full directly to workers in currency," is to prevent employers from unilaterally deducting wages, thereby promoting protection so as not to threaten economic life of workers by allowing workers to be paid the full amount of wages.