The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant, with the free consent of workers D, offsets the damage claim against D and the wages, thereby justifiable.

Therefore, the Defendant did not pay the amount to D with wages, retirement allowances, etc., and the Defendant paid the amount which falls short of the minimum wage according to the above offset agreement.

This does not constitute a violation of the Labor Standards Act.

Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the fact that the court below found the Defendant guilty as to the payment of wages and the unpaid wages among the facts charged in this case.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. For the purpose of the main text of Article 42(1) of the Labor Standards Act as to the assertion of misunderstanding of facts or misapprehension of legal principles, wages must be paid directly to workers in currency.

The purport of the so-called principle of full-time payment of wages is to protect workers by prohibiting an employer from unilaterally deducting wages so as not to threaten the economic life of workers by allowing them to be paid the full amount of wages to a certain extent. Thus, it is prohibited that an employer unilaterally set off the employee's claim with the employer's claim against the employee. However, if reasonable grounds for recognizing that the employer’s consent was based on the employee's free will exist when setting off the employee's claim with the employer's consent, it shall not be in violation of the main sentence of Article 42(1) of the Labor Standards Act. However, in light of the purport of the principle of full-time payment of wages, the determination that the consent was based on the employee's free will is strict and prudent.