Of the facts charged in the instant case, the Defendant is not guilty of violating the Labor Standards Act.

The defendant, as the representative director of E (main) in Yong-Ma, is an employer who runs a construction business using 40 full-time workers.

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, on January 3, 2016, the Defendant directed G workers to dismiss at the site site of F road expansion construction located at the time of leisure, and the said G calls to the effect that H, who is the head of the labor team on the same day, retired from office.

Accordingly, the above H's pre-employment allowance of KRW 5,700,000 corresponding to the amount of ordinary wages for 30 days in the immediate dismissal without prior pre-determination was not paid immediately on the date of dismissal, and the six workers' pre-employment allowance was not paid immediately on the date of dismissal as shown in the list of crimes in the annexed crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made by each prosecution with respect to G and H;

1. Statement made by the police with H;

1. A complaint and a written complaint;

1. Application of Acts and subordinate statutes to the details of fact-finding, such as each internal investigation report (Submission of a transcript of fact-finding), each telephone;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the same Act concerning facts constituting an offense, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of two million 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. Part concerning a crime without any provision of Article 59(1) of the Criminal Act (no punishment imposed by the defendant exceeding the same kind and fine is imposed, and there is no agreement between the worker and the original employer, and the circumstances leading to the instant crime) of the suspended sentence

1. The summary of this part of the facts charged is that the Defendant, as the representative director of E (main) in Yongamamba-gun, is an employer who runs a construction business using 40 full-time workers.

An employer;