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 the representative of "D Co., Ltd. Wholesale Relay E" in the Daejeon Metropolitan City C market, who runs the agricultural products sales business using two 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, the Defendant, at the above workplace on August 16, 2016, dismissed on September 15, 2016, and did not pay KRW 2,870,810 of ordinary wages for 30 days, without particular reasons and prior notice of dismissal.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the law of the police statement protocol to F;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged F is a worker who has been employed only for a month, and thus the F does not apply to F under Article 26 of the Labor Standards Act, in accordance with Article 35 subparag. 2 and 5 of the Labor Standards Act.

2. Determination

A. Article 26 of the Labor Standards Act provides that where an employer intends to dismiss a worker, he/she shall give an advance notice at least 30 days prior to dismissal, and where he/she did not give an advance notice at least 30 days, he/she shall pay an ordinary wage for at least 30 days.

The purpose of such pre-determination of dismissal is to reduce the difficulties of workers due to dismissal by guaranteeing the time to seek new jobs or living cost during that period, as the employer would have difficulty in the living of workers if he/she is dismissed.

On the other hand, Article 35 of the Labor Standards Act provides exceptions to the pre-determination system, and does not exceed two months.