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. Fact that there is no dispute over the cause of the claim, and according to the purport of the entire statements and arguments by Gap evidence Nos. 1 and 2, the plaintiff entered into an employment contract with the defendant around April 11, 2018 and served as a trade agent of the defendant during the period from April 11, 2018 to September 10, 2018. The defendant did not pay the plaintiff the total amount of KRW 2,222,221 won for August 8, 2018 and the total amount of KRW 55,555,55,000 for which 14 days have passed from the date of retirement to September 25, 2018 under the Labor Standards Act. Thus, the defendant has an obligation to pay the plaintiff unpaid wages 2,222,221 won and delay damages calculated at the rate of 20% per annum of the Enforcement Decree of the Labor Standards Act and the Enforcement Decree thereof.

2. The defendant's assertion is alleged to the purport that since the plaintiff voluntarily retires from office without transfer of business and caused occupational damage, it should be offset or deducted from the plaintiff's wage claim. However, there is no evidence to acknowledge that such damage occurred, and since wages are to be paid in full to workers directly in currency (the main sentence of Article 43 (1) of the Labor Standards Act) and in principle, they cannot offset the worker's wage claim by the worker's claim against the worker. Thus, the defendant's argument is without merit.

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.