Defendant

Freeboard of Emigration

Defendant shall be punished by a fine of KRW 700,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Of the facts charged in this case, the non-payment of the pre-paid dismissal allowance shall be acquitted.

The Defendant, as the representative of the Growth Center ○○○○ located in Daegu Suwon-gu (hereinafter omitted), is a business entity that employs six full-time workers and engages in sports-related service business. On February 16, 2008, the Defendant did not pay 10,895,600 won, including the total of 4,10,000 won on January 1, 2008, and the total of 2,120,680 won on February 2, 2008, and retirement pay 4,674,920 won on February 2, 2008, and retirement pay 10,895,600 won on February 1, 2008, without any agreement between the parties on the extension of the payment period.

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 1 and 3

1. Employment contracts, franchise store contracts, Daegu head office or personnel appointment of the head office, and service contracts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 109(1) and 36 of the Labor Standards Act, selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Facts charged regarding unpaid advance notice of dismissal allowances;

If an employer intends to dismiss a worker, he/she shall give the advance notice at least 30 days prior to the dismissal, and if he/she fails to give the advance notice 30 days prior to the dismissal, he/she shall pay at least 30 days ordinary wages, despite the fact that the Defendant dismissed Nonindicted 1 on February 14, 2008 without the advance notice and did not pay KRW 4,353,600 corresponding to the 30-day ordinary wages.

2. Determination

According to each of the evidence of this case: (a) Nonindicted Party 1 decided to work at ○○○○ upon the recommendation of Nonindicted Party 3, the representative director of ○○○○ on November 206; and (b) began to work as the head of ○ Daegu Branch on December 20, 206; (b) Nonindicted Party 3 and Nonindicted Party 1 began to work as the head office of ○○○○○○○○○○ Branch on September 207; and (c) Nonindicted Party 1 began to work as an instructor of ○○○○○○○○○○○○○○○○○○○○○○○○○○○ Office on the date on which the contract was renewed on October 1, 207; and (d) Nonindicted Party 1 started to work as the head office on the date on which the Defendant had been notified of the fact that the Defendant would not work for ○○○○○○○ Office; and (e) Nonindicted Party 2 would not have agreed on the two-party 1’s work.

Therefore, since the violation of the Labor Standards Act due to unpaid advance notice of dismissal allowance among the facts charged in the instant case falls under a case where there is no proof of crime, not guilty should be pronounced pursuant to the latter part

Judges Kim Jong-young