Defendant shall be punished by a fine of KRW 300,000.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the C gas station in B, who employs four full-time workers in B, and operates gas stations.

1. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, when intending to dismiss the workers, make the pre-employment at least thirty days, and when 30 days have not made the pre-announcement, shall pay the ordinary wages for not less than thirty days; and

around February 2, 2018, the Defendant dismissed D from the workplace above around 10:45, and from around October 31, 2017 to February 2, 2018, the Defendant did not immediately pay KRW 1,807,200 equivalent to the ordinary wage for 30 days on the date of dismissal on the ground that “if the Defendant does not work for reasons that he did not pay wages,” to D who worked as an oil source at the pertinent workplace from around October 31, 2017 to February 2, 2018.

2. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall, when concluding a labor contract, clearly state the wages, prescribed working hours, holidays provided for in Article 55 of the Labor Standards Act, annual paid leaves provided for in Article 60, and other working conditions prescribed by Presidential Decree to the worker, and deliver a written statement stating such matters to the worker;

On October 31, 2017, the Defendant did not provide D with a written statement on wages, prescribed working hours, holidays, annual paid leaves, etc., by failing to prepare a labor contract in entering into a labor contract with D around October 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (data submitted to the truth);

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment to text messages);

1. Article 110 Subparag. 1 of the relevant Act and Articles 110 Subparag. 1, 26 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 114 Subparag. 1, and 17 of the Labor Standards Act concerning facts constituting an offense;

1. The aggravated Criminal Act for concurrent crimes.