Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The Defendant is a person who is operating a motor vehicle maintenance business with five full-time workers while operating the “C” located in B when smuggling.

1. An employer in violation of the Labor Standards Act due to non-payment of wages shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except where the payment has been extended by agreement between the parties concerned where the worker dies or retires;

Nevertheless, the defendant is working from October 20, 2017 to December 27, 2017 at the above workplace.

A retired D's wage of KRW 2,851,612 on December 2, 2017 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date

2. An employer who violates the Labor Standards Act due to non-payment of the dismissal allowance shall, if he/she intends to dismiss a worker, give the worker a notice of dismissal at least 30 days, and if he/she did not give a notice of dismissal at least 30 days, he/she shall pay the ordinary

Nevertheless, on December 27, 2017, the Defendant dismissed D who worked from the above workplace without prior notice from October 20, 2017 to December 27, 2017, and did not pay KRW 3,444,976 equivalent to the ordinary wage for 30 days as an advance notice allowance.

Summary of Evidence

1. Statement of the police against D, statement of the prosecution against D and the defendant;

1. A detailed statement of passbook transactions;

1. A complaint and a petition;

1. Written opinions, the Defendant and the defense counsel in the report of the investigation results, and the Defendant and the defense counsel did not pay wages, etc. in dispute over the amount of accrued wages, etc. between the Defendant and D. Thus, they denied the charges of this case by asserting that they did not have any criminal intent to commit a violation of the Labor Standards Act. However, according to the evidence duly adopted and investigated by the court, the following circumstances, namely, the Defendant, at the time of employment of D on October 20, 2017, is the transportation