1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. According to the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, although the plaintiff worked as a social welfare worker of a communal home operated by the defendant from May 2, 2016 to September 6, 2016, it is recognized that the defendant was not paid the wages of KRW 1,390,000 for August 2, 2016, and the wages of KRW 278,000 for September 2, 2016. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of KRW 20% per annum as stipulated in the Labor Standards Act from September 21, 2016 to September 6, 2016, as requested by the plaintiff.

2. The defendant's defense asserts that since the plaintiff abandons his/her duties and performs medical care services, and the National Health Insurance Corporation claims medical care benefits related to the debt collection to the plaintiff differently from the actual time of admission, the plaintiff's damage claim against the plaintiff is offset against the plaintiff's wage claim.

However, wages are paid in full to workers, and an employer’s claim against workers cannot be offset against workers’ wage claims (see, e.g., Supreme Court en banc Decision 94Da26721, Dec. 21, 1995). Thus, the Defendant’s claim is without merit without any need to further examine the existence and scope of the Defendant’s claim.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.