Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is a user who operates cleaning service business using 59 full-time workers as the representative director of the Seoul Special Metropolitan City Co., Ltd. in the fourth floor of the building B in Yongsan-gu.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other inevitable circumstances, or where it falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor where workers intentionally cause enormous impediment, or damage to property.

Nevertheless, the Defendant immediately dismissed workers D, who worked from January 2, 2014 at the above workplace, as of July 18, 2014, without prior notice, for reasons such as non-performance of business instructions, etc., and did not pay an advance notice of dismissal allowance corresponding to the ordinary wages for at least 30 days.

Summary of Evidence

1. The defendant's partial statement (the purport that the advance notice allowance was paid on July 24, 2014).

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the details of payments for dismissal;

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the same Act concerning facts constituting an offense;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. As stipulated in Article 36 of the Labor Standards Act, the alleged defendant does not constitute an offense since he/she paid advance notice of dismissal within 14 days from the date when the reason for payment occurred.

2. According to the evidence duly admitted by this court, the Defendant dismissed his/her employed worker D without giving prior notice of dismissal 30 days prior to July 18, 2014, and the Defendant paid the amount equivalent to 30 days of the advance notice of dismissal to D around July 24, 2014, where approximately six days have elapsed.

On the other hand, this case.