A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is an operator of the self-governing Council of Residents in Bupyeong-gu Incheon Metropolitan City, who runs the apartment management business using two full-time workers.

(a) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days in advance, and if he/she fails to give such advance notice 30 days in advance, he/she shall pay the ordinary wages for not less than

Nevertheless, on November 2, 2017, the Defendant did not pay 1,455,750 won or more corresponding to the ordinary wage of 30 days while dismissing workers C without prior notice.

(b) An employer shall pay workers to whom the minimum wage applies wages in excess of the minimum wage amount;

Nevertheless, the Defendant did not pay KRW 18,398,108 in total of the minimum wage amount below the minimum wage amount as shown in the annexed crime list, by paying KRW 3,870 in October 2015, when he/she retired from the said place of business after having worked from the said place of business from October 1, 2015 to November 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant legal provisions concerning facts constituting an offense, Articles 110 subparagraph 1, 26 of the Act on the Standards for Selective Labor, Articles 28 (1) and 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Fines of not less than 50,000 won but not more than 30 million won;

2. The sentencing criteria are not applied since the decision of sentencing has been chosen (the sentencing criteria are not prepared for a violation of the Labor Standards Act due to the failure to pay the dismissal advance notice).