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

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

Punishment of the crime

The defendant is a representative of D Co., Ltd. located in Namyang-si, and is a user who runs gasoline wholesale and retail business using five 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.

Nevertheless, the Defendant was dismissed on April 14, 2017 from May 6, 2015 to April 13, 2017, and the Defendant did not make a 30-day advance notice of dismissal, and did not pay KRW 2,000,000 of the advance notice of dismissal corresponding to the 30-day ordinary wage on the date of dismissal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F [the pre-determination or dismissal allowance shall be paid even if the employer is subject to the disciplinary action against the worker, but the obligation is exempted only when it falls under the proviso of Article 26 of the Labor Standards Act and Article 4 and the attached Table of the Enforcement Rule, which is, it is difficult to view that it falls under the grounds for dismissal of the defendant, that is, the grounds for dismissal of the defendant, that is, the reasons for the refusal of annual leave or non-compliance with the direction before the approval of the approving authority, and that it falls under the grounds prescribed in the proviso of Article 26 of the Labor Standards Act, Article 4 and the attached Table

Application of Statutes

1. Article 110 Subparag. 1 and Article 26 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant agreed to pay a agreed amount to the employee E and thus, E does not want to be punished for the Defendant; (b) there is no record of punishment for the same type of crime; (c) the circumstances leading to the instant crime and before and after the instant crime; and (d) the Defendant’s age, sex behavior, environment, and criminal records.