근로기준법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: ① With respect to the violation of the Labor Standards Act due to wages in arrears against workers E, the payment date was extended by agreement with E; ② With respect to the violation of each Labor Standards Act with respect to workers F and G, if a set-off is made against the company’s damage claims arising from unilateral retirement or the company’s unfair profit refund claims due to the company’s failure to pay damages due to the company’s violation of the Labor Standards Act against workers F and G, the F did not have any wage to be paid, and the amount of KRW 727,300 is paid to G.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
2. Determination
A. According to the evidence duly admitted and examined in the judgment of the court below as to the above argument, the defendant can sufficiently recognize the fact that he did not pay E wages without an agreement on extension of payment date between E and E as stated in the judgment below. Thus, this part of the defendant's assertion is without merit.
B. Determination as to the above assertion 1) “The wages” in the main text of Article 42(1) of the Labor Standards Act must be paid directly to workers in currency.
The purport of the so-called principle of full-time payment of wages is to protect workers by prohibiting an employer from unilaterally deducting wages so as not to threaten the economic life of workers by allowing them to have the full amount of wages paid to them clearly. Thus, it is prohibited that an employer unilaterally offsets the employee's claim with the employer's claim against the employee. However, if reasonable grounds for recognizing that the employer's consent was based on the employee's free will exist when the employer offsets the employee's claim against the employee's wage with the employer's consent, the Labor Standards Act.