Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant, as a representative of (State) D in both weeks, is an employer who runs a manufacturing company using 7 full-time workers.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the defendant dismissed workers E and F who were working in the above workplace on June 10, 2016 and did not pay 1,768,421 won of the ordinary wage for 30 days, and 1,779,904 won of the dismissal allowance corresponding to F for 30 days’ ordinary wage, respectively, to E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each document of E and F;

1. Application of the Acts and subordinate statutes of each labor contract;

1. Article 110 of the relevant Act concerning criminal facts, and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning the selection of punishment, and the 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is as follows: by February 16, 2016, F by January 12, 2016, F by January 12, 2016, and thus, if each of the above probation period is excluded, Article 26 of the Labor Standards Act does not apply in accordance with Article 35 subparag. 3 of the Labor Standards Act.

2. The purport of Article 35 subparag. 3 of the Labor Standards Act, which provides that a person who employs workers under Article 26 of the Labor Standards Act, shall give an advance notice at least 30 days prior to the dismissal of workers, and where a person fails to give an advance notice at least 30 days prior to the dismissal, the employer shall be able to seek a new job in preparation for dismissal.