Of the facts charged in the instant case, payment of advance payment for dismissal is attributable.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,612,410 in the aggregate of H’s wages, which had been worked from May 3, 2016 to December 31, 2016 at the same place of business, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the special judicial police officer;

1. Application of Acts and subordinate statutes to the details of overdue payments, details of passbook transactions, business registration certificates, certified copies of corporate registers, and statements of calculation of annual allowances;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting a crime, and the selection of fines;

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

1. Part concerning a crime without the provision of Article 59 (1) of the Criminal Act (a punishment to suspend a sentence: fine of KRW 300,000 won, detention in a workhouse: 100,000 won per day) [The provision of substitute payment to workers H, a substitute payment of KRW 2 million has been made, a defendant has come to the instant case due to the aggravation of management, a reflectd fact, and no criminal history has been committed];

1. On December 31, 2016, the Defendant did not pay KRW 25,400,000,000, total amount of the pre-employment allowances, including: H (2,00,000,000,000,000,000,000,000,000,000,000, of pre-employment allowances) working at a workplace as indicated in the facts constituting a crime as indicated in the facts constituting a crime as indicated in the judgment of the lower court; and the Defendant did not pay the pre-employment allowances, such as: (a) payment of the pre-employment allowances; (b) payment of the pre-employment allowances; and (c) payment of the pre-employment allowances.

2. Determination

A. In a case where an employer has an employee who has no intention to resign prepare and submit a written resignation, and then terminates a contractual relationship by taking the form of dismissal of a member who accepts it, it shall be dismissed because the contractual relationship is terminated by the employer’s unilateral intent.