The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is a manager of C’s room located in Yasan-gu, Jeollabuk-do, Jeollabuk-do, and is a full-time user who operates beauty and art business using two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from November 19, 2019 to December 18, 2019, the Defendant did not pay KRW 281,952 paid in November 2, 2019, the sum of KRW 578,655 paid in December 2019, and KRW 860,607 paid in December 2019, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The defendant and his defense counsel asserted that the defendant's wages to be paid to workers D are 542,00 won and there is no wage if the defendant offsets the educational expenses and damages.

In light of the following circumstances acknowledged by the above evidence, namely, considering the monetary content between the Defendant and D, the Kakao Stockholm message, and D F ladra, it is reasonable to calculate the amount of wages payable on a hourly basis and determine the amount of wages payable on a daily basis at the business establishment operated by the Defendant, and there is a dispute as to whether educational expenses are paid between the Defendant and the employee, or the Defendant has a claim for damages against the employee.

Even if the employee's wage claims without the employee's consent cannot be offset or deducted with other bonds against the employee, such circumstances cannot be a legitimate ground for payment of unpaid wages.