1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. According to the purport of Gap's evidence No. 1 and all pleadings as to the cause of the claim, although the plaintiff worked as a social worker from July 15, 2016 to September 6, 2016 by the defendant as a social worker from July 15, 2016 to September 6, 2016, it is recognized that the defendant was not paid KRW 1,50,000 of the wages of August 8, 2016, and KRW 300,000 of the wages of September 20, 2016. Thus, the defendant is obligated to pay to the plaintiff the damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from September 21, 2016 to the date of full payment, as requested by the plaintiff.

2. The defendant's defense asserts that the plaintiff's wage claim and the defendant's damage compensation claim are offset, since the defendant neglected his/her duties and discontinued the medical care service, and the National Health Insurance Corporation claims the medical care benefits related to D differently from the actual admission time.

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. The first instance judgment accepting the Plaintiff’s claim is justifiable, and the Defendant’s appeal is dismissed as it is groundless.