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 manager of a community living home in Seo-gu Incheon, Seo-gu, 104 Dong 602, who conducts social welfare services by using one full-time worker.

(a) When concluding an employment contract, the employer shall specify wages, prescribed working hours, weekly paid leaves, and other working conditions as determined by the Presidential Decree to the worker, and shall deliver to the worker a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, weekly holidays and annual paid leaves;

Nevertheless, the Defendant entered into a labor contract with D on January 11, 2016, and did not deliver a document stating the working conditions.

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty

Nevertheless, the Defendant did not pay KRW 1,451,612 on the date of dismissal, as soon as he/she immediately dismissed D who worked as a social worker from January 11, 2016 at the same workplace on January 26, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the statement protocol filed by the police against D;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Labor Standards Act;

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;