The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Labor Standards Act regarding unpaid wages.

Punishment of the crime

The Defendant is the Chairperson, an incorporated association in Yeonsu-gu Incheon Metropolitan City C, who engages in a service business using four 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 did not immediately pay KRW 1,335,00 equivalent to the ordinary wage for 30 days in advance of dismissal as an advance of dismissal immediately after the dismissal without a prior notice, on July 31, 2015, to E, who worked as an employee from December 19, 2014 at the same place of business, as an employee, as of July 31, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements statutes in witnesses E and G;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant has no record of criminal punishment for the same kind of crime, and has been in charge of accounting at the time;

Due to the circumstances such as embezzlement of public funds by F, it is considered that F did not pay advance payment for dismissal to damaged workers, and the victimized worker does not want to be punished against the defendant.

In addition, the judgment of the defendant and his defense counsel regarding the assertion of the defendant's age, environment, sexual conduct, etc., and since the financial situation of the Association of this case has deteriorated due to the problem such as embezzlement of considerable amount of money by the F, a person in charge of accounting at the time, the defendant and his defense counsel did not pay the pre-employment allowance

Even if the illegality or responsibility is denied, it is argued that it is justified.

The employer shall pay wages or retirement allowances to workers only on the ground that the company's depression is unfair.