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 is a D representative located in Seodaemun-gu Seoul and 202, who employs one full-time worker and runs a construction business.

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 pay KRW 3,00,000 for 30-day ordinary wages even though he/she was dismissed from his/her workplace without a prior notice of dismissal to E who worked from May 21, 2016 to June 4, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The key point of the argument is to verify the work ability, etc. to the site warden and then determine whether to employ regular employees while working for a period of not more than one to two months at the time of employing the gist of the argument E, and it does not constitute a worker entitled to pre-employment allowances.

2. Determination

(a) Articles 26 and 35 of the Labor Standards Act provide for the following:

Article 26 (Advance Notice of Dismissal) An employer who intends to dismiss a worker (including dismissal for managerial reasons) shall give the worker an advance notice at least 30 days prior to the dismissal, and if the employer fails to give such advance notice 30 days prior to the dismissal, he/she shall pay (proviso omitted) ordinary wages for at least 30 days. Article 26 (Exception to Application of Advance Dismissal) shall not apply to a worker falling under any of the following subparagraphs:

1. A worker who has not worked for three consecutive months;

2. A person who has been used for a fixed period not exceeding two months;

3. A worker who was a monthly-class worker and for whom six months have not yet passed ( simple unconstitutionality, Ba-Ba3, 2014, 23 December 23, 2015).