Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

[Criminal Power] On April 15, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the suspension of ten months at the Daejeon District Court, and the said judgment became final and conclusive on March 10, 2016.

【Criminal Facts】

The defendant is a representative director of the limited liability company D in the Jeonbuk-gun Group C, who employs eight full-time workers and conducts the business of collecting earth and rocks.

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 dismissed the workplace of the foregoing limited liability company D from September 1, 2012 to May 30, 2015, and F working from November 20, 2012 to April 30, 2015, respectively, and notified the dismissal of the Defendant at least 30 days prior to such dismissal or did not pay the ordinary wages for at least 30 days, respectively.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The police statement of E and F;

1. Previouss before and after judgments: Criminal history records, investigation reports (a criminal suspect's case and obstruction of exercise of rights shall be attached to the judgment dismissing the appeal), and copies of the judgment;

1. Relevant Articles of the Labor Standards Act and Articles 110 and 26 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act asserts that the Defendant issued a pre-announcement of dismissal to workers through G. However, considering the content, method, timing, etc. of the notification recognized by G’s statement, it merely recommends workers to suspend the employment relationship in the form of voluntary retirement from office, and it is difficult to regard the pre-announcement of dismissal.

In addition, the defendant argues that it is impossible to continue the business due to natural disasters or other unavoidable reasons, which are the exception of the pre-announcement of dismissal.