Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the representative of the C Company in Seocho-gu Seoul Metropolitan Government 301, and is a user who runs software development business by employing four full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 129,032 of May 23, 2016, which was retired from the Defendant’s workplace from May 24, 2016 to May 24, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, on May 23, 2016, the Defendant immediately dismissed employees D, who were employed on May 23, 2016 at the above workplace, without a prior notice that “from the date to the date to the date to the date of the dismissal” due to the Defendant’s hospital’s hospitalization on May 24, 2016, the Defendant did not immediately pay KRW 2,296,560 equivalent to the ordinary wage for 30 days under the advance notice of dismissal on the date of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1), 36 of the Labor Standards Act (in cases of failing to perform the duty to liquidate money or goods), Articles 110 subparag. 1, 26 of the Labor Standards Act, and selection of fines, respectively;

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

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

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