beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (misunderstanding the facts) stated that F, who is an employee, had no agreement to offset the Defendant’s wage claim against the Defendant and the Defendant’s claim for the equipment rental fee against F, and the Defendant’s statement alone is insufficient to recognize that F, which is a means of livelihood, offsets the entire amount of the Defendant’s wage claim against the Defendant’s claim for equipment rental.
Also, since the amount of the Defendant’s claim for the rental fee for equipment falls short of the unpaid amount of the wage claim, the entire amount of the wage claim was extinguished.
In light of the fact that it cannot be seen, the facts charged of this case is found guilty.
Nevertheless, the court below acquitted the charged facts of this case, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who actually operates D Co., Ltd. (hereinafter “D”) in Sejong City Co., Ltd. (hereinafter “C”).
When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the due date for such payment has been extended by mutual agreement between the parties concerned.
Nevertheless, even though the Defendant worked as miscellaneously at the place of business of the pertinent company located in Seocho-gu from November 5, 2013 to September 22, 2015, the Defendant did not pay the wages of 1,700,000 won on November 2013, 2013, wages of 1,100,000 won on December 2, 2013, wages of 90,000 won on February 3, 2014, wages of 1,50,000,000 won on March 3, 2014, wages of 1,70,000,000 won on April 1, 208, 200, wage of 420,000 won on July 420, 2014, wage of 200,000 won on August 20, 2000, 305, 2015.
B. The lower court’s judgment and this court’s judgment are detailed in the part of “judgment” among the lower judgment.