A. Although it was true that the Defendant did not pay wages to workers E, etc., the Defendant also did not receive the service cost from the original contractor on the wind that the workers at the time did not properly clean up.

Therefore, the Defendant is not obligated to pay wages to workers E, etc.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the defendant did not submit objective evidence to deem that the loss occurred due to the failure of workers E, etc. to perform the work of cleaning service. Even if such claim for damages exists, wages for workers cannot be offset against the worker's wage claim with the employer's claim with the exception of the claim for the refund of excess paid in full to workers (see Supreme Court Decision 9Do2168, Jul. 13, 199). The above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, the Defendant did not oppose the assertion on unfair sentencing, such as not recognizing that there was a cause for failure to pay wages to his/her workers, and the Defendant did not endeavor to pay or reach an agreement on overdue wages, the legislative purport of the Labor Standards Act seeking stability of workers’ economic life by guaranteeing the payment of wages, and the amount of overdue wages, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.