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

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

Punishment of the crime

The defendant is the representative director of E, a corporation in subparagraph D in Songpa-gu Seoul Metropolitan Government, who ordinarily employs four workers and operates a Cheongdo branch by employing four workers.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, on June 27, 2018, the Defendant dismissed 3,100,000 won equivalent to the portion of ordinary wages for 30 days, without prior notice, to the F, who had been employed and worked on March 18, 2013 at the same workplace, for the first time on the new wall work route on June 27, 2018, and did not immediately pay 3,100,000 won for the portion of ordinary wages for 30 days (on June 28, 2018).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the F's written complaint, written complaint, and written statement to statutes;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant in the facts charged is the representative director of E, a stock company E located in Songpa-gu Seoul Metropolitan Government, who employs four full-time workers and operates Cheongdo wholesale.

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

Nevertheless, the defendant has been employed on March 18, 2013 in the above workplace.

On June 28, 2018, an employee retired from office did not pay KRW 10,187,974 in the balance of the F's retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Public prosecution;