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(영문) 광주지방법원 2014.10.30 2014고정1402

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who runs the main place of business with one regular worker in the D Bar in Seo-gu, Seo-gu, Gwangju.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, from April 8, 2013 to June 12, 2014, the Defendant dismissed workers E who had worked at the above main points without prior notice, and did not pay KRW 1,322,310 corresponding to the ordinary wage for 30 days.

Summary of Evidence

1. E statements;

1. A statement on average wages and retirement allowances, ordinary wages, and advance notice of dismissal allowances;

1. The receipt for advertisement of the Love Examination (Article 27(1) of the Labor Standards Act) (the defendant and his defense counsel asserted that the defendant gave a prior notice of dismissal to E around May 10, 2014, which is one month prior to the date of the above dismissal, but even if the defendant asserted that he had a prior notice of dismissal, such as his assertion and witness F's testimony, and that he "I will settle a labor relationship after one month, and work only after one month" against E, such as E and the witness's testimony, even though he argued that he "I will leave time," the employer shall notify in writing the grounds for dismissal and the time of the dismissal (Article 27(2) of the Labor Standards Act), and the dismissal of the worker shall be effective in writing (Article 27(2) of the Labor Standards Act), and it is difficult to deem that the dismissal, as alleged by the defendant, is a legitimate dismissal without undergoing the above procedure, and therefore, the defendant and the defense counsel's argument is without merit in

1. Relevant Article 110 of the Labor Standards Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same as the situation in which the defendant did not pay the victim the advance payment of the dismissal of this case.