Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant is a business owner of Ulsan-gun Group C, who runs services and wholesale and retail business by employing four full-time workers.

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, if the worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 8,142,412 in total amount of wages from March 1, 2016 through July 14, 2016 to July 2016 to employees E who retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, give the worker a prior notice at least 30 days, and if he/she fails to give the prior notice 30 days, he/she shall pay the ordinary wages for not less

Nevertheless, the Defendant, while dismissing the above E on July 14, 2016, did not pay the pre-employment allowance of KRW 2,500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect by some special judicial police officers against the defendant (including a cross-examination);

1. Statement made by police officers from each special judicial police officer to E;

1. A complaint filed by E and a petition;

1. Application of golf shop sales, job offering advertisement (F), banner, and the contents of meetings on July 14, 2016 (record record), business registration certificate, employment and annual salary contract, public notice ( July 18, 16), notification of dismissal, and application of Acts and subordinate statutes governing transaction of passbooks;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Labor Standards Act for Selective Labor, Article 110 Subparag. 1, Article 26 of the Labor Standards Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;