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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is an employer who has operated Young juice C by employing one full-time worker on the second floor of the 2001 Doglet 46, 2001, Seoul Special Metropolitan City, Nowon-gu, the same-ro 204.

1. When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker a prior notice at least thirty days, and shall pay the worker a not less than thirty-day ordinary wages if the employer fails to give such prior notice thirty-day ordinary wages;

Provided, That the same shall not apply where it is impossible to continue the business due to natural disasters, accidents, or other inevitable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the causes as determined by Ordinance of the Ministry of Labor.

Nevertheless, the Defendant was dismissed on October 22, 2012 through December 20, 2013 from the above workplace without notice of dismissal and did not immediately pay KRW 1.3 million equivalent to the amount of ordinary wages for 30 days on the date of dismissal on December 20, 2013.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 1,582,290 during the pertinent period from October 22, 2012 to December 20, 2013 at the same place of business within 14 days from the date of retirement in which the cause for payment occurred without agreement on the extension of the due date.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of each police protocol to the defendant and D

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the same Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act, and the selection of fines, concerning facts constituting an offense;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;