The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative director of the Bank of Korea, which is the second floor 202 of the building in Gwangjin-gu Seoul Special Metropolitan City, and is a user who runs the clothing wholesale and retail business using 15 full-time 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, the defendant shall be the same month when the notice of dismissal was given on July 3, 2017 to E who is employed by the above business operator on January 23, 2017 as the design team leader.

4. Where he has retired from office and immediately dismissed without prior notice, 3,062,194 won equivalent to the ordinary wage for 30 days under the advance notice of dismissal was not paid on the date of dismissal.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to F and E;

1. Application of the details of dismissal and the employment contract statutes;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [The defendant and the defense counsel asserted that the defendant and the defense counsel constituted the proviso of Article 26 of the Labor Standards Act, since they were in progress the bankruptcy process of the Bank of Korea D at the time.

The proviso to Article 26 of the Labor Standards Act may not pay advance payment of dismissal allowances in cases where it is impossible to continue to conduct business due to natural disasters, accidents, or other unavoidable reasons.

The Act stipulates.

On July 3, 2017, when the defendant notified the dismissal of the defendant to E, the bankruptcy decision has not yet been made as the date the defendant filed a petition for bankruptcy, but it is unclear whether the bankruptcy trustee exercised the avoidance power, the reason that the bankruptcy petition is not a cause corresponding to a natural disaster is difficult, and the bankruptcy administrator is a bankruptcy decision if the bankruptcy decision is made.