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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the actual manager of the D Co., Ltd. located in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and is an employer who runs a manufacturing business with fourteen full-time workers.
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 did not immediately pay KRW 3,636,362 corresponding to the 30-day ordinary wage on February 6, 2018 without giving notice to the workers E who were employed on December 19, 2017 at the said workplace and worked as the management team leader.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement protocol by the police for E (including the part concerning the defendant's statement in the second statement protocol);
1. Notice of dismissal;
1. Application of Acts and subordinate statutes governing fact-finding, including telephone;
1. Article 110 subparagraph 1 of the Labor Standards Act, the main sentence of Article 26 of the same Act, and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;