A defendant shall be punished by a fine of 400,000 won.

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

Punishment of the crime

The Defendant is an employer who operates a restaurant with five regular workers in the name of “C” in Changwon City B, and is an employer.

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.

Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other inevitable circumstances, or where any worker intentionally interferes with business or causes property damage and falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.

However, the Defendant did not pay the total sum of KRW 4,341,600 of the pre-determination allowances, such as dismissal allowances of KRW 1,447,200, in addition to the details of money and valuables in the attached Form, even though the Defendant was dismissed for 30 days, when he/she was dismissed for work as a care room from April 27, 2015 to February 6, 2016, E who worked as a care room from August 18, 2014 to February 2, 2016, and E who worked as a care room due to negligence from September 10, 2015 to February 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 110 of the relevant Act and Articles 110 and 26 of the Labor Standards Act concerning the selection of criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;