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(영문) 부산지방법원 동부지원 2018.11.29 2018고정692

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

In Busan Shipping Daegu, the Defendant is engaged in a biochemical retail business with the trade name called “B”;

1. In entering into a labor contract with a worker C on April 12, 2017, without specifying in writing wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree;

2. On May 10, 2017, upon notification of dismissal to C by D message and immediately dismiss C, without prior notification, 2,086,800 won equivalent to the ordinary wage for 30 days in advance of dismissal was not immediately paid on the date of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of text-based statutes;

1. The violation of the relevant Article of the Act on Criminal Facts and the duty to specify the conditions of selective labor: Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the Act on the Payment of Ordinary Wages: Article 110 subparagraph 1 of the Labor Standards Act and Articles 26 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;