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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the C representative in Kimpo-si B, who is a full-time worker and operates a construction equipment transport 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 if the employer 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 dismissed D, on June 20, 2020, 30 days prior to the dismissal of the worker who had been employed as the driver on July 21, 2019 at the above workplace without prior notice, and did not immediately pay KRW 3,468,750 equivalent to the amount of ordinary wages for 30 days as the advance notice payment for dismissal, as the dismissal allowance, at around 16, 2020.
Summary of Evidence
1. Statement by the police on the defendant's legal statement D (including the part concerning the defendant's statement);
1. Application of Acts and subordinate statutes on a petition;
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. Article 334 of the Act on the Suspension of Execution of Criminal Procedure does not pay pre-determination allowances for dismissal to the defendant. However, workers D does not want the defendant's punishment (the defendant paid pre-determination allowances to D), the defendant does not have been punished for the same crime, and the defendant does not repeat the same crime.
The sentencing conditions, such as the defendant's age, sex, family environment, circumstances of the crime, and circumstances after the crime, shall be comprehensively considered, and the same sentence as the order shall be determined.
It is so decided as per Disposition for the above reasons.