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

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

Punishment of the crime

The defendant is a C representative located in Gyeonggi-si B, who runs a transportation business using two full-time workers.

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

Nevertheless, the Defendant dismissed E, who worked from April 6, 2017 to August 14, 2017 in Gangdong-gu Seoul Metropolitan Government D Station at the above construction site, and did not give a 30-day advance notice of dismissal, and did not pay 2,300,000 won of the advance notice of dismissal corresponding to the 30-day ordinary wage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 110 Subparag. 1 and Article 26 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15513, Mar. 20, 2018; Act No. 15513, Mar. 20, 201); the selection of fines for criminal facts;

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;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act regarding the cost of lawsuit, the defendant and his/her defense counsel asserted that the defendant dismissed workers E, but they were dismissed by doing acts such as intentionally impeding workers E in the business or causing property damage. Thus, pursuant to the proviso of Article 26 of the Labor Standards Act, the defendant has no obligation to pay dismissal allowances to workers E.

On the other hand, the following circumstances acknowledged by this Court based on the evidence duly adopted and examined by this Court, namely, ① Workers E agreed to receive KRW 2,300,000 per month from the investigative agency to the present court, and agreed to receive KRW 2,30,000 per month from April 6, 2017 to August 14, 2017, while serving in C operated by the Defendant, and was going to work on the Arash on August 14, 2017.