Defendant shall be punished by a fine of 200,000 won.

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

Punishment of the crime

The defendant is the employer who ordinarily employs six workers as the chairperson of the B apartment council in Yangsan-si, and runs the facility maintenance and management service business.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give an advance notice at least 30 days, he/she shall pay an ordinary wage for at least 30 days, but the Defendant did not immediately pay 1820,000 won equivalent to the 30-day ordinary wage while dismissing a worker C without an advance notice on April 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Article 110 subparagraph 1 of the Labor Standards Act and Article 26 of the same Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. Where a worker dies or retires, the employer of the facts charged, even though he/she paid wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, the Defendant, who retired on April 15, 2012, did not pay KRW 1,073,333 of the wages of C on April 15, 2012 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. According to the records of this case, C may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on January 11, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution on this part is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.