Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

The defendant is the representative of Yongsan-gu Seoul Metropolitan Government D who ordinarily employs six workers and operates a restaurant.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on July 20, 2016, the defendant dismissed workers E working in the above workplace from February 28, 2008 without a prior notice of dismissal on July 20, 2016, and the defendant did not immediately pay 2,300,000 won corresponding to the ordinary wage for 30 days as the advance notice of dismissal to the dismissal day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is the representative of Yongsan-gu Seoul Metropolitan Government D who ordinarily employs six workers and operates a restaurant.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 11,887,974 of E's retirement allowance retired from the above workplace from June 30, 2010 to July 20, 2016 within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without the agreement on the extension of the payment period between the parties.

2. Determination and conclusion

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

(c) Submission of a written withdrawal of complaint by the victim after instituting a prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;