The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Guarantee of Workers' Retirement Benefits Act.

Punishment of the crime

The defendant is a person who is a manager of Eunpyeong-gu Seoul Metropolitan Government and C (ju) with the third floor, and is a user who ordinarily employs four workers and operates a marine transportation business.

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, who was employed on March 1, 2016 at the above workplace, was dismissed immediately as of April 26, 2018, and did not pay KRW 5 million for the advance notice of dismissal.

Summary of Evidence

1. The defendant's statement in court (the third trial date);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts. Article 26 (Selection of Fine)

1. Penalty of one million won to be suspended;

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

1. The portion of dismissing public prosecution under Article 59(1) of the Criminal Act (i.e., payment of the full amount and circumstance of the ex post facto advance notice of dismissal);

1. The Defendant is a person who is a manager of Eunpyeong-gu Seoul Metropolitan Government C(s) with the third and third floors, and is an employer who ordinarily employs four workers and operates marine transportation business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from March 1, 2016 to April 26, 2018 at the above workplace and had not paid KRW 10,881,288 of the dismissed employee D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The crime of non-compliance with judgment: A copy of the final and conclusive decision that included the employee E’s intent not to punish the Defendant under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act is submitted to the court on July 2, 2019, which was the date of the instant indictment.