근로기준법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles did not dismiss workers E, and workers E only retired according to their free will as the Defendant solicited retirement.
Nevertheless, the court below found the Defendant guilty of violating the Labor Standards Act due to non-payment of the pre-employment allowance among the facts charged in the instant case.
B. The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the facts charged as to the violation of the Labor Standards Act due to the non-payment of the pre-employment allowance is the defendant, as the representative of the D-Maintenance Factory in Chuncheon City, who runs the automobile repair business using three full-time workers.
When an employer intends to dismiss a worker, he/she shall give a prior notice at least 30 days in advance, and when he/she fails to give a prior notice 30 days, he/she shall pay the ordinary wages for at least 30 days.
Nevertheless, the defendant dismissed workers E who worked from March 2, 2016 to September 1, 2016 at the above workplace without notice on September 2, 2016 and did not immediately pay 2,985,600 won equivalent to the amount of ordinary wages for 30 days on September 2, 2016.
B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is insufficient to recognize that the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant dismissed workers E, and there is no other evidence to prove otherwise.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
Since this part of the defendant's argument is reasonable.
1) On September 2, 2016, workers E means that the Defendant will work only until September 10, 2016, and will not work thereafter.