The defendant is a representative C in the old-si B and five floors, who is a full-time worker and operates a sports facility operation business using six full-time workers.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, on August 25, 2016, the defendant dismissed D, working from the above workplace as of February 16, 2015, without a prior notice of dismissal, and immediately paid 3.9 million won equivalent to the ordinary wage for 30 days in advance of dismissal as of August 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of fact-finding, such as a petition, statement protocol, telephone, etc.;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Act (see, e.g., the following favorable circumstances) of the suspended sentence are examined; the Defendant’s acknowledgement of the criminal facts of this case reflects his/her mistake; the Defendant paid advance notice of dismissal allowances to workers D; there is no past record of criminal punishment; and other circumstances which form the conditions for sentencing as indicated in the argument of this case.