The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Punishment of the crime

The defendant, as the representative C corporation, has five full-time workers.

When an employer intends to dismiss a worker, he/she shall give the worker a notice of at least 30 days in advance, and shall pay the worker a 30-day ordinary wage if he/she fails to give such notice of dismissal 30 days in advance.

Nevertheless, the Defendant dismissed D who worked from October 21, 2014 to October 30, 2015 without prior notice and did not pay KRW 2,784,680 of the pre-announcement of dismissal allowances to D on October 31, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Application of the benefit ledger and the duplicate statute;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Part of rejection of prosecution under Article 59 (1) of the Criminal Act (see, e.g., the confession and reflect of a crime by the defendant, the damage and reimbursement to the victim, and the fact that the victim has no record of the same crime);

1. The Defendant in this part of the facts charged did not pay D wages of KRW 989,165 on March 3, 2015, and wages of KRW 1,211,535 and retirement allowances of KRW 2,67,600 on April 1, 2015 to D who worked from October 21, 2014 to October 30, 2015, within 14 days after retirement without an agreement between the parties on the date of payment.

2. Determination

(a) applicable provisions of Acts - Articles 109(1) and 36 of the Labor Standards Act - Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

B. Offense of Non-competence - Article 109(2) of the Labor Standards Act - proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act

(c) Declaration of non-existence of punishment after public prosecution: Submission of a written agreement dated November 2, 2016;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;