Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is an employer who employs 7 full-time workers in Chuncheon City B and operates C, a private teaching institute company.

1. An employer violating the Labor Standards Act due to unpaid advance notice of dismissal allowances shall give at least 30 days’ advance notice of dismissal in order to dismiss an employee, and where the employee did not give such advance notice 30 days’ advance notice, the Defendant did not pay 2,41,483 won’s ordinary wages for 30 days’ ordinary wages by failing to give such advance notice of dismissal from March 2, 2010 to February 28, 2013 and failing to pay 30 days’ ordinary wages by failing to pay 30 days’ advance notice of dismissal.

2. Where an employer violates the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits due to unpaid wages, retirement allowances, etc. retires, the employer shall liquidate all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay the total of 14,736,111 won, including two workers, including the retirement allowances, from March 2, 2010 to February 28, 2013, and retired workers D's wages2,10,000, retirement allowances, 6,300,000 won, and the retirement allowances, from February 8, 2010 to July 31, 2012, including two workers, including 5,821,321 won, from March 2, 2010 to February 20, 2012, within 14 days from the date when the cause for such payment occurred without agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the same Act concerning facts constituting an offense, Articles 109 (1) and 36 of the same Act, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (not being paid retirement allowances); and

1. Violation of the Labor Standards Act due to failure to liquidate money by worker and violation of the Guarantee of Workers' Retirement Benefits Act by worker under Articles 40 and 50 of the Commercial Act.