Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of the E hospital in Bupyeong-si D 201 and is an employer who runs a medical business using 50 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within fourteen 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 worked in the above workplace from January 26, 2016 to February 5, 2016, and did not pay KRW 2,296,320 for the same period during which he retired from the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant did not pay KRW 10,000,000 of the pre-determination allowances for dismissal as of February 6, 2016 without 30 days prior to the dismissal of the F, which had been working from January 26, 2016 at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Recording notes;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act; Selection of fines for the payment of unpaid wages; Article 110 Subparag. 1 and Article 26 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 argument that ① F was a “worker on probation,” and thus, F is not only a person subject to the pre-determination of dismissal, but also a person without permission for other hospital work during the 11-day working period.