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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant, as the representative of the “C” located in Busan Jin-gu B3, Busan, is an employer who runs a private teaching institute business with seven full-time workers.
When an employer intends to dismiss a worker, he/she shall make a prior notice of dismissal at least 30 days, and if he/she fails to make a prior notice of dismissal at least 30 days, he/she shall pay the ordinary wages for at least 30
Provided, That this shall not apply where it is impossible to continue the business due to natural disasters, accidents, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.
Nevertheless, the Defendant did not pay KRW 2,160,000 of the pre-employment allowance when he immediately dismissed from the above workplace as an English instructor from August 19, 2019 to April 10, 2020.
Summary of Evidence
1. Statement by the defendant in this court;
1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;
1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;
1. Penalty fine of 300,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (the conversion of KRW 100,000 into one day) to the detention in a workhouse;
1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Pronouncement of Sentence (see, e.g., the fact that the defendant is led to confession and reflect, that the defendant paid and agreed to pay the unpaid advance payment to