Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in Seocho-si, and is an employer who runs the business of accommodation by employing 40 full-time workers.

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

Nevertheless, the Defendant did not pay KRW 2,704,620 corresponding to the amount of ordinary wages for 30 days while dismissing E, which was employed on June 20, 2016 at the said workplace, without notice on September 2, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each labor contract;

1. The ledger of each grade bonus;

1. Application of Acts and subordinate statutes to inquire into the details of transactions of deposits;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is not subject to prior dismissal under Article 35 (5) of the Labor Standards Act as a probationary employee, and because they did not notify the reasons for dismissal in writing, they did not have the effect of dismissal under Article 27 of the Labor Standards Act.

The argument is asserted.

First, according to the witness's legal statement and the statement of each labor contract, E can be recognized as having concluded a labor contract with an employer in the form of not being subject to the probation period as a regular employee. Therefore, the related arguments cannot be accepted.

Next, Article 27 of the Labor Standards Act has the effect of notifying the employer of the grounds for dismissal and the time of dismissal in writing.

This provision provides that the employer should decide the dismissal more carefully by notifying the reasons for dismissal in writing.