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(영문) 서울북부지방법원 2017.06.22 2017고정505

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a user who conducts the manufacturing and selling business of clothing using three full-time workers under the trade name of D in Dongdaemun-gu Seoul Metropolitan Government.

If an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and if he/she fails to give a notice of dismissal at least 30 days, he/she shall pay the worker E at least 30 days’ ordinary wages, the Defendant did not pay 1,500,000 won of the dismissal allowance while dismissing the worker E at the same workplace on June 10, 2016.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. E statements;

1. Labor contract;

1. Application of Acts and subordinate statutes to instruct correction of violations of labor-related Acts;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;