Defendant shall be punished by a fine of KRW 700,000.

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The defendant, as the representative of C (State) in racing-si, is an employer who runs a manufacturing business using 30 full-time workers.

1. An employer who violates the Labor Standards Act relating to unpaid advance notice of dismissal allowances shall, if he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and if he/she did not make such prior notice 30 days, he/she shall pay the ordinary wages for not less

Nevertheless, on May 20, 2019, the Defendant dismissed workers D at the workplace above C (the State) and did not pay 2,044,800 won of the pre-determination allowance for dismissal to the above workers without prior notice of dismissal.

2. Violation of the Labor Standards Act related to wages and retirement allowances, and violation of the Guarantee of Workers' Retirement Benefits Act.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, who had worked in the above C (State) workplace and was retired on May 20, 2019, did not pay KRW 2,713,857 within 14 days from the date of retirement, in total, money and valuables, such as KRW 1,642,656, and KRW 1,071,201.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working at the above C (State) workplace, did not pay KRW 2,795,031 of the retirement allowance of the above employee D, which was retired on May 20, 2019, within 14 days from the date of retirement.

Summary of Evidence

1. Since the Defendant’s written statement of the police against the Defendant’s partial statement E, the police officer’s written statement of statement D, F, and G obtained investigation data, the copy of the pay account, the Defendant’s salary statement from January to February, 2019, and the labor contract relationship with the employee D as of March 30, 2019 terminated, there is no obligation to pay a shutdown allowance from April 1, 2019 to May 20, and the continuous employment period of D falls short of one year.