beta
(영문) 대전지방법원 2017.08.11 2017고정187

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, as the representative director of Daejeon-gu (State) D in Daejeon-gu, is the employer who employs four full-time workers and operates a public enterprise with the meat.

1. An employer who is dismissed during the period of medical care shall not dismiss a worker during a period of suspension of work for the medical care of an occupational injury or disease, and 30 days thereafter;

After workers E worked in the above workplace and received medical care due to a disaster on May 10, 2016, the Defendant dismissed the above E by phone from the above E, who was on the top of the same month, and was temporarily closed for medical care, as follows: “I need to make legal preparations on whether or not the E was dismissed,” and “I do not want to do so as Mara, Mara, v. S. S.).”

2. Where an employer violating the duty of pre-determination of dismissal intends to dismiss a worker, he/she shall make the pre-determination at least 30 days, and where he/she fails to make the pre-determination 30 days, he/she shall pay the ordinary wages for not less than

In doing so on May 2016, the Defendant dismissed a worker E without giving notice to the above E 30 days prior to the dismissal, as stated in the above paragraph (1) of the same Article, and did not pay the Defendant an advance notice of dismissal amounting to KRW 2,000,000 of ordinary wages of 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Act and subordinate statutes concerning witness F's legal statement;

1. Relevant legal provisions concerning facts constituting an offense, Articles 107, 23(2) of the Act on the Standards for Selective Labor (violation of Restrictions on Dismissal, etc.), Articles 110 subparag. 1, 26 of the Labor Standards Act, and selection of fines, respectively;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. F, who is an employee of Defendant Company’s accounting, is E in a single manner.