The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Punishment of the crime

The defendant is a representative of Mapo-gu Seoul Metropolitan Government C who runs a new retail business with 40 full-time workers.

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.

The defendant did not pay 5,864,690 won in total of three pre-employment allowances for three workers employed at the above workplace, as shown in the list of crimes in the attached Table, in addition to the dismissal of workers D who worked for the above workplace on June 29, 2015 as of March 5, 2016 without 30 days prior to the dismissal and payment of 2,398,810 won of ordinary wages for 30 days, even though they were dismissed as of March 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of D, E, and F;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine not exceeding 500,000 won to be suspended;

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

1. The part dismissing a public prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006

1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government, is an employer who runs a new retail business with forty full-time workers.

Defendant E’s employees who were employed on July 29, 2015 and worked on March 5, 2016 at the same workplace and worked on March 5, 2016, did not pay KRW 2,136,199, respectively, within 14 days from the date of each retirement, as indicated in the list of crimes in attached Form E, such as wages of KRW 489,534, etc.

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which clearly indicate the victimized employee pursuant to Article 109(2) of the same Act.