Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is an individual entrepreneur in Nowon-gu in Seoul Special Metropolitan City, who is engaged in a parking agency business using three full-time workers.

1. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract. In such cases, the employer shall deliver written statements specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and matters concerning annual paid leaves to workers;

Nevertheless, the Defendant did not specify and deliver in writing the constituent elements, calculation method, contractual work hours, holidays, and annual paid leave when concluding a labor contract with D workers who retired from the said workplace from the said workplace from June 1, 2012 to January 31, 2013.

2. When an employer intends to dismiss a worker, he shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, on January 31, 2013, the Defendant dismissed workers D, who were employed on June 1, 2012 in the above workplace, without a prior notice on the ground of parking accidents in the parking lot, and did not immediately pay 1.2 million won equivalent to the amount of ordinary wages for 30 days under the prior notice of dismissal as the date of dismissal on January 31, 2013, when he immediately dismissed workers D, who were employed on June 1, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article of the Act on Criminal Facts and Articles 114, 17(2) (a) and 110 subparag. 1 and 26 of the Labor Standards Act on the Selection of Punishment (a failure to provide written statement stating the working conditions), Article 110 subparag. 1 and 26 (a failure to pay an allowance for dismissal

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

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

1. The order of provisional payment;