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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the facts charged in the instant case - Defendant A is the representative of the Saemaul Credit Cooperatives in Busan, Daegu, and a full-time employee, who runs a financial business by using 12 full-time employees.
Wages shall be paid in full directly to workers in currency.
Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.
Nevertheless, Defendant A did not pay 5,811,350 won (basic pay, salary class, job allowances, fixed-time allowances, last-time allowances, physical training allowances, annual allowances) from March 2015 to September 2015, which was stipulated in the organization agreement and wage agreement, to the employees F in the above workplace, and did not pay 4,130,330 won to 11 employees, including the above F, etc., as shown in attached Table 1 of the lower judgment.
Defendant A is an employer who carries on financial business by using 12 full-time workers from February 23, 2015 to April 8, 2016; Defendant B from October 5, 2015 to November 4, 2015; Defendant C from April 9, 2016 to May 4, 2016; and Defendant C is a representative of the Saemaul Community Credit Cooperatives in Busan, Daegu, Daegu, to May 5, 2016, who is a full-time worker.
Wages shall be paid in full directly to workers in currency.
Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.
A. Defendant A, despite the fact that Defendant A did not pay KRW 3,139,290 on November 201, 2015 to the employees F employed in the said workplace, from March 2016 to March 1, 2016, as well as KRW 45,442,980 on the difference between the wages under the organization agreement and the wage under the wage agreement as stated in the attached Table of the lower judgment with respect to 12 persons, such as the above F, etc., as in the previous statement of money in arrears.