Defendant shall be punished by a fine of KRW 400,000.

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 representative director of the D (E Reading Office) corporation with the 8th floor in militaryposi C and militaryposi, who is engaged in the educational service business using three full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the F’s wages of 323,610 on October 2017, 2017, which had worked from July 26, 2017 to October 20, 2017 at the same place of business, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) 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;

Nevertheless, the defendant dismissed the F working on July 26, 2017 from the above workplace without prior notice on October 20, 2017, and the defendant did not immediately pay KRW 756,028 equivalent to the amount of ordinary wages for 30 days in advance of dismissal in advance of dismissal.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of a witness assistance money;

1. Statement made by the police with regard to F;

1. As to the part on violation of the Labor Standards Act due to the non-payment of the pre-employment allowance, the defendant and his defense counsel asserted that the F is not an employee obliged to pay pre-employment allowance on the ground that he falls under the “daily employee who has not worked for three consecutive months” under Article 35 subparag. 1 of the Labor Standards Act.

Article 26 of the Labor Standards Act, and Article 26 of the Labor Standards Act, where an employer intends to dismiss a worker, the employer shall give an advance notice at least 30 days, and where the employer has not given an advance notice at least 30 days, the advance notice shall be given.