The sentence of the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of Daegu Suwon-gu C who is an employer who runs restaurant business with two regular workers.

1. An employer who has not paid the advance notice of dismissal allowance shall, if he/she intends to dismiss a worker, give the advance notice of dismissal at least 30 days and shall pay the ordinary wages for not less than 30 days if he/she has not given such advance notice 30 days;

Nevertheless, the Defendant is working as a kitchen in the above workplace from January 21, 2019 to April 28, 2019.

While dismissing D, it did not pay KRW 2,500,000 for the retirement allowance corresponding to the 30-day ordinary wage without giving notice of dismissal 30 days before the date of dismissal.

2. An employer who fails to prepare a labor contract shall clearly state wages, contractual work hours, paid holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding the labor contract, and shall deliver written statements specifying the items of wages, calculation methods, payment methods, contractual work hours, paid holidays, and annual paid leaves to workers;

Nevertheless, on January 21, 2019, the Defendant did not deliver to the employee a written statement specifying the elements of wages, calculation method, payment method, contractual work hours, paid holidays, and annual paid leave when concluding the said employment contract with D on January 21, 2019.

Summary of Evidence

A statutory statement to the effect that D entered into an employment contract with D as described in paragraph (1) of the facts charged by the Defendant, and that D had worked at the Defendant’s workplace from January 21, 2019 to April 28, 2019, and that the facts constituting an offense described in paragraph (2) of the facts charged are acknowledged.

1. On April 21, 2019, the Defendant merely responded to the Defendant’s assertion of the witness D’s legal statement by interpreting D’s unilateral notification to the effect that D will not work due to traffic accidents, and would retire from work.