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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as the representative of B, is an employer who employs one full-time worker and runs a general restaurant business.

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

Nevertheless, the defendant worked in the above workplace from May 1, 2015 to May 27, 2016, and notified the retired worker C of his dismissal on May 27, 2016, which is the last working day without 30 days prior to the dismissal, and did not pay three million won of the pre-employment allowance on May 27, 2016, which is the date of dismissal.

2. When an employer concludes a labor contract, he/she shall state the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to the worker, and deliver the specified documents to the worker;

Nevertheless, the defendant did not specify in writing matters such as wages, while concluding a labor contract with a worker C who worked in the above workplace from May 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocols made by police officers of each special judicial police against C;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant legal provisions concerning facts constituting an offense, Article 110 subparagraph 1 of the Labor Standards Act, and Article 26 of the Act on the Standards for Selective Labor (the fact that payment of an advance notice of dismissal allowance and a fine) , and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (the fact that a person violates his/her duty to specify the conditions of employment, etc.);

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. An employer of facts constituting an offense shall pay a retirement allowance within 14 days from the date on which the reason for payment occurred if the employee retires;

Nevertheless, the defendant shall pay part of C's retirement pay 1,184,343 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.