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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative director of the D Co., Ltd. located in Ansan-si, who employs 18 full-time workers and operates ready-mixed manufacturing business.
When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for not less than thirty days.
Nevertheless, the Defendant did not immediately pay KRW 12,028,00,000 in total of the pre-determination allowances for seven retired workers as of the date of dismissal as of March 23, 2016, when he dismissed as of March 31, 2016 at around 14:00 of the office of around March 23, 2016, when he knew of the fact of selling the company at around 14:0 of the office of around 200, when he dismissed as of March 31, 2016, and did not pay KRW 1,896,000 corresponding to ordinary wages.
Summary of Evidence
1. Each legal statement of witness F and G;
1. A protocol concerning the examination of the police officers of the accused;
1. Each statement and written statement;
1. Application of Acts and subordinate statutes of a business owner's confirmation letter, such as telephone and overdue wages;
1. Article 110 of the relevant Act concerning facts constituting a crime and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning the selection of punishment;
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. Article 334(1) of the Criminal Procedure Act provides that “The Defendant and the defense counsel dismissed the instant workers due to business difficulties, etc., and thus, it constitutes the proviso to Article 26 of the Labor Standards Act, which provides for exceptions to the payment of pre-employment allowances, and Article 26 of the Labor Standards Act, which provides for exceptions to the payment of pre-employment allowances, provides the workers with an opportunity to succeed to employment.”
However, according to each of the above evidence, there was a ground upon which the defendant obtained an exception to the payment of pre-determination allowances for dismissal.
and (2).