Of the facts charged in the instant case, it is not guilty of violating the Labor Standards Act due to non-payment of the dismissal advance payment.

1. The summary of the facts charged is that the Defendant is the representative of the Bupyeong-gu Incheon Bupyeong-gu C building and D, 206, who runs transportation business by using three full-time workers.

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 33,300 of the E’s wages in August 2016, 2016, which had been employed from July 14, 2016 to August 3, 2016 at the said workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

(b) When an employer who has not paid the pre-paid allowance intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, the defendant dismissed workers E who worked from August 3, 2016 at the above workplace without prior notice on August 3, 2016, and did not immediately pay KRW 2,500,000 corresponding to the ordinary wage for 30 days with prior notice of dismissal to workers E who worked in the above workplace on August 3, 2016.

2. The summary of this part of the facts charged in this part of the indictment is that the defendant did not pay wages to E as described in the above paragraph 1(a).