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 Kuri-si C and D in 201, who is a full-time worker and operates the PC room business.

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 188,730 of the monthly wage of April 10, 2017 to May 19, 2017, which was retired from the said workplace, within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the payment period.

(b) When an employer who has not paid the pre-paid allowance for dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, the defendant had worked since April 10, 2017 at the above workplace.

E was immediately dismissed on May 19, 2017 without prior notice, and was not immediately paid KRW 1,352,230 corresponding to the portion of ordinary wages for 30 days with the advance notice of dismissal.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act (out of payment of weekly leave allowances), Articles 110 subparag. 1 and 26 of the Labor Standards Act (out of payment of advance notice of dismissal allowances), and selection of each fine for negligence;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant did not pay each of the instant allowances until now, and the reason for the instant crime.