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 evidence No. 1 of the judgment as to the cause of the claim and the entire pleadings, the Plaintiff is obligated to pay the Plaintiff a retirement allowance of KRW 6,633,940 and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from February 25, 2011 to September 6, 2014, under the employment of the Defendant, who operates the Office of Government C, to work and retire from the office of Government C, and the retirement allowance during that period is 6,633,940. Thus, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of retirement allowance of KRW 6,63,940 and damages for delay calculated at the rate of 14 days from the date of retirement

2. Judgment on the defendant's assertion

A. The defendant asserts that retirement pay cannot be paid to the defendant because the plaintiff caused losses to the defendant due to the plaintiff's illegal act, such as reducing the defendant's customer while working and running the same kind of business in the vicinity of the C's government office. Thus, Article 43 (1) of the Labor Standards Act provides that "wages shall be paid in full in cash directly to the worker." In light of the principle of full payment of wages, the employer cannot offset the worker's claim for wages, such as wages and retirement allowances, with other claims against the worker against the worker, by using the worker's claim for wages and retirement allowances as a passive claim (see, e.g., Supreme Court Decisions 2001Da25184, Oct. 23, 201; 2001; 93Ma1822, Mar. 16, 1994).

On the other hand, the plaintiff's claim of this case violates the principle of good faith.

Since there is no evidence to acknowledge that it is abuse of rights or abuse of rights, this part of the defendant's assertion is without merit.

B. In addition, the Defendant agreed with the Plaintiff to pay KRW 2.5 million per month, including meal and oil expenses without retirement allowances and bonuses, and thus, can respond to the Plaintiff’s claim for retirement allowances.