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(영문) 서울북부지방법원 2018.03.30 2017고정2100

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Jung-gu Seoul, Jung-gu, B and C in Seoul, who operates a Handphone sales business using two full-time workers.

If an employer intends to dismiss a worker, he/she shall make a prior notice at least 30 days prior to the dismissal, and if he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages of at least 30 days at the same place of business, the Defendant, despite the fact that he/she is working as a mobile phone salesperson from December 20, 2016 to June 19, 2017 at the same place of business, and he/she did not pay KRW 1,50,000 of ordinary wages for 30 days while failing to make a prior notice of dismissal for at least 30 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. 50,000 won of a fine to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da15488, Apr. 2,