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(영문) 창원지방법원 통영지원 2018.04.27 2018고정39

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a business owner who runs an Indian restaurant business using eight full-time workers in the name of D in two places, such as macro-si B and macro-si C, etc.

1. When an employer intends to dismiss a worker (including dismissal for managerial reasons), he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and where he/she has not given such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages of not less than 30 days;

Nevertheless, the defendant employed on May 1, 2016 and worked as a company company as a member of the above workplace. On April 18, 2017, the defendant was dismissed immediately on April 17, 2017, and did not pay KRW 1,552,800 equivalent to the amount of ordinary wages for 30 days with the advance notice of dismissal as an advance notice of dismissal allowance.

2. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages of at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016, and at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017;

Nevertheless, on May 1, 2016, the defendant employed in the above workplace as an employee E and the above workplace on May 18, 2017 and served as an employee of the company as an employee of the company. On April 18, 2017, the defendant paid two workers, such as employee E and the above workplace on April 18, 2017, wages of KRW 3,692 below the minimum wage amount while paying wages from May 1, 2016 to July 31, 2016, the defendant paid 3,692 won below the minimum hourly wage amount. < Amended by Presidential Decree No. 27470, Aug. 1, 2016 to December 31, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol concerning the defendant and G;

1. Each police statement made to H and I;

1. A written petition;

1. Application of business registration certificate and labor contract Acts and subordinate statutes;

1. The time limit of dismissal of the relevant legal provision concerning the facts constituting the crime is not publicly notified; and