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 the representative of Yongsan-gu Seoul Metropolitan Government and the second floor C, who is a user who operates beauty and beauty business with two full-time workers.

When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and if he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for at

The Defendant notified D, who had worked from December 5, 2016 to October 31, 2018 at the same place of business, on October 22, 2018, and did not pre-determination of dismissal 30 days prior to the dismissal, and did not pay KRW 1,242,450 corresponding to the portion of ordinary wages for 30 days due to the pre-determination of dismissal.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the image-related Acts and subordinate statutes to a labor contract, the details of payment transfer, and the Kakao Stockholm conversation;

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the same Act concerning facts constituting an offense;

1. Determination on the assertion of the accused and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The victim's own termination of employment with the solicitation of the defendant and his defense counsel, and the defendant does not dismiss the victim.

2. Determination

A. The grounds for termination of an employment contract can be divided into retirement, dismissal, automatic extinguishment, etc.

Retirement is a worker's intention or consent, and dismissal is a unilateral intention against the worker's will, and automatic termination is automatically terminated regardless of the worker's or the employer's will.

The dismissal under Article 23 of the Labor Standards Act refers to the termination of all labor contract relations which fall under the second, regardless of the name or procedure which is actually disadvantageous to the workplace.

(Supreme Court Decision 2014Da9632 Decided May 30, 2018, and Supreme Court Decision 92Da54210 Decided October 26, 1993. (b)

He returned to the instant case and examined the evidence.