Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a user who runs a construction business, etc. using three full-time workers as the representative of the D Co., Ltd. located in building B in the Nam-gu Incheon Metropolitan City.

1. An employer who violates the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the wages, compensations, and other money, valuables and retirement allowances within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, while working in the foregoing workplace from July 7, 2014 to August 31, 2017, did not pay KRW 2,407,390 as wages in July 2017, and KRW 3,228,00 as wages in August 2017, and KRW 438,100 as wages in August 2017, and KRW 6,073,490 as retirement allowances and KRW 10,127,171 as wages in August 14, 2017, without agreement between the parties to the extension of the payment date.

2. Where an employer violating the Labor Standards Act intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to dismissal, and where he/she fails to give an advance notice at least thirty days prior to dismissal, he/she shall pay the ordinary wages for thirty days

Nevertheless, the Defendant, while immediately dismissing E on August 31, 2017, did not pay KRW 2,928,000 as an advance notice of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violating the Labor Standards Act, the crimes of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for a violation of each Labor Standards Act of which the nature of the crimes

1. Each selective fine for punishment;