Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

The Defendant is a user who runs online information provision business using 10 full-time workers as a real manager of building B and D (former Co., Ltd. E) in Yeongdeungpo-gu Seoul Metropolitan Government.

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from March 4, 2020 to June 16, 2020, the Defendant, who was employed by the said workplace, did not pay KRW 3,509,147,000 as wages of May 20, 2020, wages of KRW 1,630,280, and wages of June 20, 2020 from December 20, 2019 to June 20, 2020 without agreement on the extension of the payment period between the parties.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss (including dismissal due to managerial reasons) the workers, give the pre-employment at least 30 days, and if he/she fails to give the pre-employment thirty days, he/she shall pay the ordinary wages for at least thirty days.

Nevertheless, from July 29, 2019 to August 12, 2020, the Defendant dismissed workers H who worked in the said workplace without prior notice on August 12, 2020, and did not pay KRW 3,316,667 of the dismissal allowance, and did not pay KRW 5,80,000,000 in total of the pre-employment allowance for two workers, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each fact-finding statement (G, I, H, and F);

1. Each written petition (G, H, I, F);

1. Application of Acts and subordinate statutes to each standard labor contract, each employment succession agreement, each notice of dismissal, each statement of payment, inquiry of details of transaction, and diagnosis of payment specifications;