1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the judgment as to the cause of the claim, the Defendant’s operation of the CY in the private first-aid service business, and the Plaintiff’s operation from June 5, 2017 to December 31, 2018 at the said place of business, and the Defendant’s payment of the Plaintiff’s wages of KRW 1,151,610 and retirement allowances of KRW 2,619,863 is recognized.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of unpaid wages and retirement allowances (2,610 won 2,619,863 won) and damages for delay calculated at the rate of 20% per annum from January 15, 2019 to the date of full payment, which is the 14th day following the retirement day from which the ground for payment occurred.

2. The defendant's assertion asserts that the defendant should deduct the prepaid retirement pay, the national pension premium paid in advance, the vehicle repair cost due to the plaintiff's negligence, and the administrative fine.

However, according to the main text of Article 43(1) of the Labor Standards Act, since wages are paid in full directly to an employee in currency, it is a principle that the employer does not offset against the employee’s wage claims by his/her claim against the employee. The above amount is either of the nature that it cannot be deducted or there is no evidence

The defendant's above assertion is without merit.

3. The plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the grounds of its ground.