Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The Defendant is a business owner who is the representative of the Seocho-gu Seoul Metropolitan Government “C” and was operating a food business (hop) with four full-time workers.

1. An employer who has not paid the advance payment for dismissal shall, if he/she intends to dismiss a worker, give the advance payment for at least 30 days, and if he/she does not give the advance payment for thirty days or longer, he/she shall pay the ordinary wages for at least twenty days;

Nevertheless, on June 10, 2017, the defendant dismissed D, E, F, and G working in the above workplace without the prior notice for the sale of the workplace at around 22:00 on June 10, 2017, and the defendant did not immediately pay D 1,950,000 won to E, 1,620,000 won to G, 1,40,000 won to G, and 507,750 won to F, for four workers, including KRW 5,47,750.

2. An employer who has not paid a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the Defendant did not pay the total of KRW 4,406,103 of the retirement allowances of two workers, including KRW 2,530,538, and KRW 538, and KRW 1,875,565, and KRW 4,406,103, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. A written petition;

1. Details of passbooks (D), details of passbooks for benefits (E), and details of passbooks for benefits (F);

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes certifying the closure of business;

1. Article 110 subparag. 1, Article 26 of the Labor Standards Act (the point of payment of the pre-employment allowance) and Article 110 subparag. 1, and Article 26 of the same Act concerning facts constituting an offense.