Of the facts charged in the instant case, the payment of wages remains unpaid.

The defendant is the representative of the Daegu-gu C Stock Company and is engaged in the business of selling communications equipment with ten regular workers.

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, the Defendant, on July 26, 2012, at the same place of business as of January 2, 2012, said D, stating that “When he/she knows a labor contract, he/she will late work without good labor, and write down a letter of resignation at the church and work only until the end of July,” was retired from office. Thus, the Defendant did not pay KRW 1,300,000 as the pre-paid allowance while dismissing his/her dismissal without prior notice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 11270, Feb. 1, 2012) (amended by Act No. 11270, Feb. 1, 201);

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The dismissal of prosecution under Article 59(1) of the Criminal Act (i.e., the agreement with D), the process leading to the commission of the crime, and reflectivity)

1. The summary of the facts charged is the representative of the Daegu-gu C&C company, who runs a sales business of communications equipment using ten regular workers.

The Defendant had worked in the pertinent workplace from January 2, 2012 to July 26, 2012, and had not paid KRW 1,006,450 on July 7, 2012, which was retired from the Defendant, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s clearly expressed intent under Article 109(2) of the same Act. The written agreement bound in the trial records and the statement of cancellation of complaint are stated.