Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is a person who runs a construction business while operating the D Co., Ltd. in Seocho-gu Seoul Metropolitan Government Officetel 1604.

1. An employer who violates the Labor Standards Act shall, when he/she intends to dismiss a worker, give the worker a prior notice at least thirty days prior to dismissal, and if he/she fails to give a prior notice at least thirty days, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, on July 31, 2015, the Defendant dismissed workers R who had been in charge of the business and field management at the above workplace, and did not give 30 days’ prior notice of dismissal, and did not pay 2,500,000 ordinary wages for at least 30 days’ ordinary wages without giving 30 days’ prior notice of dismissal.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 4,482,570 of the Workers R’ Retirement Allowance from October 1, 2013 to July 31, 2015, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the R;

1. Application of Acts and subordinate statutes to an application for the settlement of retirement allowances, a written confirmation of the settlement and payment of retirement allowances, detailed deductions, average wages and retirement allowances;

1. Article 110 subparagraph 1 of the relevant Act and Articles 110 and 26 of the Labor Standards for elective Labor Standards for Criminal Facts, Article 44 subparagraph 1 of the Act on Guarantee of Workers' Retirement Benefits, Article 9 of the Act on Guarantee of Workers' Retirement Benefits, and Selection of fines;

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;