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 user who is a representative C in the second floor in Busan-gun, who is a full-time worker and operates a restaurant business.

1. An employer who has not given a contract for employment shall specify the conditions of employment, such as wages, prescribed working hours, etc., in concluding such contract, and in such cases, he/she shall deliver to the worker a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, etc. of the wages;

Nevertheless, the defendant did not deliver a document stating the working conditions, such as wages, while concluding a labor contract with D who worked in the above workplace from May 16, 2017 to August 17, 2017.

2. An employer who has not paid a pre-paid allowance shall, when he/she intends to dismiss a worker, do so at least 30 days prior to the dismissal, and where he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for thirty

Nevertheless, the defendant dismissed D who was employed on May 16, 2017 at the above workplace without prior notice of dismissal on August 17, 2017 and did not pay KRW 1,700,000 equivalent to the ordinary wages for 30 days to D who was employed on May 16, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D (the defendant and his defense counsel has an exception to dismissal under the proviso to Article 26 of the Labor Standards Act;

The argument is asserted.

The pre-determination system of dismissal aims to protect workers from the danger of a sudden work, and the employer also works as a kind of care period to reconsider the dismissal of the worker in the process of finding a substitute worker, and it also gives the worker an opportunity to defend himself/herself as to whether there is a justifiable reason for dismissal.

On the other hand, the proviso of Article 26 of the Labor Standards Act is a natural disaster, incident, or other unavoidable cause that makes it impossible to continue the business, or where a worker intentionally interferes with the business or causes damage to the property.