A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in C at the time of strike, who conducts monitoring business using ten full-time workers.

[2018 Highest 219]

1. An employer who has not paid an advance notice of dismissal shall, when intending to dismiss a worker, give the advance notice of dismissal at least 30 days, and shall, when 30 days’ prior notice of dismissal has not been given, pay the ordinary wages for not less than 30 days;

Nevertheless, the defendant was dismissed as of December 2, 2017 through personal e-mail to workers E who worked as production management workers from May 7, 2016 at the above workplace.

In the case of dismissing employees without prior notice, including not paying advance notice allowances equivalent to the amount of ordinary wages for 30 days, while sending the notice of dismissal, and not paying total of KRW 28,283,300 as stated in the attached Table of Crimes.

2. Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total of KRW 6,044,430 of the wages of 59,937,578 of 9 workers from May 27, 2016 to December 2, 2017 of 2017 to 12, 2017 at the above workplace and did not pay the total of KRW 6,04,430 from October 27, 2017 to 59,937,578 of the wages of 9 workers from the date of retirement without agreement on the extension of the payment deadline between the parties as shown in the list of crimes in the attached Form.

3. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the defendant is above.