When the defendant does not pay the above fine, 100,000 won.

The defendant is the C representative in the Gyeongbuk-gun Group B, who runs a construction business by employing one full-time worker.

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

Nevertheless, the Defendant immediately dismissed workers F, who work as dump truck article from September 12, 2017 at the site of the E works in Syang-si, without prior notice on September 30, 2017, and did not immediately pay KRW 3,789,473 equivalent to the ordinary wage for 30 days as the pre-announcement of dismissal allowance as the date of dismissal.

Summary of Evidence

1. Legal statement of witness G, and part of witness H’s legal statement;

1. Statement made by a witness F in the third protocol of the trial;

1. The police statement concerning F;

1. Each written confirmation of G and H;

1. 통장거래내역서 [피고인 및 변호인은 이 사건 공소사실을 부인하나, 앞서 거시한 증거들에 의하면 피고인이 2017. 9. 30. 식당에서 F에게 일을 그만 둘 것을 요구함으로써 F를 해고한 사실이 인정되고(증인 H은 이 법정에서 F가 피고인으로부터 일을 그만 둘 것을 요구받은 당시 밥을 먹다 쏟아버리고 짬밥을 시키고 밖으로 나갔다고 진술하기도 하였다

Meanwhile, in light of the status of both parties and the burden of proof in a labor contract, such as the fact that if dismissal is made orally, the method of proving the termination of the labor contract is not appropriate, while the employee’s expression of intention to resign is made orally, the employer may demand the employee to submit a written resignation or reject it and dismiss the employee without permission, taking into account the burden of the both parties’ status and proof in the labor contract.