근로기준법위반
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant is a user who runs a heavy restaurant business using two full-time workers as a representative in Bupyeong-gu Incheon Metropolitan City.
When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than
Nevertheless, on July 16, 2017, the defendant dismissed workers E who had a non-fixed term working contract from May 17, 2017, and had been in charge of kitchen services, without prior notice, on the ground that the restaurant is not bad, and the food was shocked, and the defendant did not immediately pay KRW 2,628,242 equivalent to the ordinary wage for 30 days in advance of dismissal as advance notice payment on the date of dismissal.
Summary of Evidence
1. Legal statement of witness E;
1. Partial statement of the witness F;
1. The protocol of the police statement to E (E changed the husband F of the defendant on July 16, 2017)
from the date within which the notice is given.
F. F. F. F. F. F. F. F. F. F. “n.e., he or she was f.e., he or she was f.e., he or she;
In other words, the statements of two people conflict with each other.
However, in light of the following circumstances, it is recognized that the statement of E is more persuasive and the defendant dismissed E.
① Although ordinary E is a customer, the Defendant and F had a horse racing and bicycle racing without talking about the Defendant, and due to the defective working attitude of E, the Defendant and F have reduced the number of customers.
In recognition, it was recognized.
② The F is recognized that there is a 'this problem to E on July 16, 2017'. The F talked that it should not be us.
It is reasonable to view the F’s words as a complete expression of the intention of dismissal.
3. E at the end of dialogue with F on July 16, 2017.