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(영문) 부산지방법원 동부지원 2017.01.19 2016고정1162

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who runs food service business using three full-time workers under the trade name of D in Suwon-gu Busan Metropolitan City C.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and where he/she has not given such advance notice 30 days prior to the dismissal, he/she shall pay not less than 30 days ordinary wages

Nevertheless, the defendant has been working as a sponsor since March 5, 2016.

E Without giving prior notice of dismissal 30 days before the date of dismissal, 1,702,080 won was not paid as of June 4, 2016 as of the date of immediate dismissal on or around 24:50 of ordinary wages.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

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;