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 the Plaintiff’s evidence No. 1 and the entire pleadings as to the cause of the claim, it is recognized that the Plaintiff was not paid KRW 1,400,000 paid monthly wages of August 1, 2016, and KRW 280,000 paid monthly wages of September 2016, even though the Plaintiff served as a medical care social worker for the aged operated by the Defendant from August 1, 2016 to September 6, 2016, and that the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 20% per annum as provided by the Labor Standards Act from September 21, 2016 to September 6, 2016, as requested by the Plaintiff.

2. The Defendant asserts that the Defendant’s defense against the Defendant’s damage claim is offset against the Plaintiff’s wage claim, since the Plaintiff abandons his/her duties and performed medical care duties, 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 plaintiff's claim is accepted on the ground 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 ground that it is without merit.