1. The Defendant is the representative of Gangseo-gu Seoul Metropolitan Government building B and D, who runs food (food) business using five full-time 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, on October 12, 2017, the Defendant immediately dismissed workers E who had been employed on September 9, 2017 and had been employed on the part of the above workplace without a prior notice of dismissal, and did not immediately pay KRW 1,076,250 equivalent to the amount of ordinary wages for 30 days with a prior notice of dismissal on October 12, 2017.

2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and deliver written statements specifying the composition, calculation method, payment method, and matters concerning the said working conditions to such workers;

Nevertheless, the Defendant, upon entering into a labor contract with E on September 9, 2017, did not enter into a written labor contract specifying the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the Labor Standards Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of the suspect by special judicial police officers against the accused;

1. Statement of special judicial police officer against the defendant;

1. The Defendant and the defense counsel of the labor inspector’s statement against E without submitting a health certificate, and the Defendant and the defense counsel inevitably dismissed the E without permission due to frequent absence from office, and the submission of a health certificate is an essential obligation of a person engaging in food service business, thereby being at a disadvantage, such as the suspension of business.