Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

피고인은 거제시 B에 있는 사업장인 ‘C’에서 상시근로자 1명을 사용하여 샷시제조업을 경영하여 온 사업주로서 사용자이다.

When an employer intends to dismiss a worker, he/she shall give a prior notice at least 30 days prior to the dismissal, and if he/she fails to give such prior notice 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on February 3, 2018, the Defendant dismissed workers D who worked as work assistant workers from January 2, 2018 at the above workplace without prior notice, and did not pay KRW 2,500,000 corresponding to the ordinary wages for 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the special judicial police officer against D;

1. Application of Acts and subordinate statutes on a petition;

1. As to the facts constituting an offense, Articles 110 subparag. 1 and 26 of the Act on the Selection of Punishment and Articles 110 subparag. 1 and 26 of the Labor Standards Act - Defendant asserts that he does not have the obligation to pay advance payment of dismissal allowances as he was dismissed in bad faith due to lack of ability to perform his duties, such as contact with D, etc. However, such a reason does not constitute an exception to the duty of pre-determination of dismissal, such as “where a worker intentionally causes a substantial obstacle to his business or causes property

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;