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

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

Punishment of the crime

The defendant is the representative of C located in Seocho-gu Seoul Metropolitan Government, who ordinarily employs three workers and operates a rental business.

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 pay KRW 1,578,150, which is the ordinary wage for at least 30 days, when he was dismissed on March 15, 2018 through March 14, 2019 and was dismissed on March 14, 2019.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged in this part of the facts charged is that the Defendant did not pay D retirement allowances of KRW 4,265,490 and retirement allowances of KRW 449,820 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties concerned regarding the extension of the payment period, while performing duties, such as expenses, from March 15, 2018 to March 14, 2019.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) indicate the intent not to punish the above worker after the institution of prosecution.

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