Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the actual management owner in Kimpo-si C located in Kimpo-si who runs food business using ten 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 did not pay KRW 1,745,280 equivalent to the amount of ordinary wages for 30 days in advance of dismissal as an advance of dismissal allowance without 30 days prior to June 19, 2017, to E, which had worked from March 10, 2017 at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E statements;

1. Financial transaction details [The Defendant and his defense counsel] The Defendant and his defense counsel asserted that the Defendant’s daily work-based worker under Article 35 subparag. 1 of the Labor Standards Act employed by the Defendant through “F” is a worker who has not worked for three consecutive months, and thus, it is unnecessary to pay advance payment for dismissal. However, according to the aforementioned evidence, the following circumstances recognized as follows, and ① E was operated by the Defendant from August 20, 2016 to June 19, 2017 through the company “F”:

D It has been continuously serving 80,000 won per day at a restaurant.

(2) In light of the circumstances, such as the fact that it is difficult for the Defendant to believe that he/she was employed as a daily employed worker E through F, in addition to the payment of KRW 2.50,000 equivalent to the 10% of the first monthly salary in addition to the payment of KRW 2.50,000 in addition to the payment of the 10% of the first month salary, under the name of the introduction expense for the Defendant on December 8, 2016, the instant facts charged can be sufficiently recognized, and the Defendant and the defense counsel’s assertion are not accepted).

Application of Statutes

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70 of the Criminal Act to attract a workhouse.