Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the representative of the D&C in Chuncheon City, who runs the automobile repair business using three full-time workers.

1. When an employer intends to dismiss a worker, he/she shall pre-announce the worker at least thirty days in advance, and when he/she fails to do so thirty days in advance, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, the defendant dismissed workers E who worked from March 2, 2016 to September 1, 2016 at the above workplace without notice on September 2, 2016 and did not immediately pay 2,985,600 won equivalent to the amount of ordinary wages for 30 days on September 2, 2016.

2. An employer shall, when concluding a labor contract, deliver to the worker a written statement specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree;

Nevertheless, the defendant is working in the above workplace from March 2, 2016 to September 1, 2016 and the same year.

9.2. The parties did not deliver in writing the terms and conditions of labor, such as wages, while concluding the labor contract with the dismissed E;

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on business registration certificates;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, and Articles 110, 26, and 114 and 17 of the Labor Standards Act concerning the payment of unpaid allowances for dismissal and fines, and Articles 114 and 17 of the Labor Standards Act;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that the defendant voluntarily resigned from the maintenance plant E, and the defendant does not dismiss E, therefore there is no obligation to pay the pre-employment allowance.

2. The following facts are acknowledged based on each of the evidence examined earlier.