Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is a representative director D in the Seoul Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. who operates a manufacturing business using six full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the above workplace from July 18, 2019 to November 21, 2019, did not pay KRW 4,418,01 within 14 days from the date of retirement, without any agreement between the parties on extension of the due date for payment, as total of KRW 1,726,906, and KRW 1,726,906, October 2019, and KRW 1,341,01, as well as KRW 1,418,01, which were paid in September 2019 by retired workers E.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days in advance, and if he/she fails to give such advance notice 30 days in advance, he/she shall pay the ordinary wages for not less

Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other inevitable circumstances, or where the worker intentionally interferes with the business or causes damage to property and where it falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.

Nevertheless, on July 18, 2019, the Defendant was dismissed on November 21, 2019, and the Defendant did not immediately pay KRW 2,200,800 for dismissal allowances corresponding to the 30-day ordinary wage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Employment contracts;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 109(1), Article 36, Article 110 Subparag. 1, and Article 26 of the Labor Standards Act concerning facts constituting an offense (the point of not paying the allowance for advance notice of dismissal) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.