Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is an employer who employs five full-time workers in Gwangjin-gu Seoul Special Metropolitan City and operates “C”.

1. The Defendant did not pay KRW 6,109,936, in total, KRW 2,687,096 and retirement allowance of KRW 3,422,840,00 from August 4, 2016 to August 25, 2017, as well as KRW 6,109,936, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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

Nevertheless, on August 25, 2017, the Defendant dismissed workers D at the above workplace and did not pay 3,300,000 won ordinary wages for 30 days without giving prior notice by 30 days prior to dismissal.

3. On August 4, 2016, the Defendant did not specify working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., when concluding a labor contract with a worker D at the same workplace, and did not deliver to D documents specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal statement of witness D;

1. Business registration certificate;

1. Application of the details of entry into a bankbook, transaction details, letters of dismissal notice, and employment announcement statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018; hereinafter “former Labor Standards Act”); Articles 110 subparag. 1 and 26 of the former Labor Standards Act; Articles 114 subparag. 1 and 17(1) of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (unpaid retirement allowances) for criminal facts

1. The payment of wages is due to Articles 40 and 50 of the Criminal Code of Trade and Trade.