Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a representative of Gangnam-gu E Branch Association, an incorporated association in Gangnam-gu Seoul Metropolitan Government, who employs five full-time workers and operates a non-profit corporation.

1. Violation of the Labor Standards Act;

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

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

Nevertheless, the Defendant held a Ethics Committee on August 14, 2014 and held a disciplinary action on August 13, 2014 against employees F, who were employed by the Secretariat on April 18, 2013 at the above workplace, and were dismissed on August 14, 2014. However, this constitutes an unfair dismissal for which disciplinary proceedings and written notification regulations have not been complied with. As a result, the Defendant did not immediately pay 1950,000 won of ordinary wages under the pre-determination allowance for dismissal as of August 14, 2014 without prior notice.

B. On August 28, 2014, workers F applied for the removal of unfair positions and remedy for unfair dismissal against the Defendant, and the Seoul Regional Labor Relations Commission determined on October 24, 2014 that “the dismissal of the Defendant constitutes unfair dismissal.” On October 30, 2014, the Seoul Regional Labor Relations Commission issued a remedy order (payment equivalent to wages during the original reinstatement and the dismissal period) while sending a letter of work on October 30, 2014. However, the Defendant did not file an application for reexamination with the National Labor Relations Commission after receiving the said letter of work on November 3, 2014, and did not comply with the remedy order “payment equivalent to wages during the dismissal period” (the original reinstatement was implemented on November 28, 2014).