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(영문) 창원지방법원 마산지원 2018.04.25 2017고단1255

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who operates accommodation business as a representative of Eelcom in Changwon-si, Changwon-si, Masan-si D.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and when he/she fails to give an advance notice at least thirty days, he/she shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant, on May 15, 2017, dismissed the Victim F who was employed as a cleaning worker of the above Maurel on January 15, 2017 without notice of dismissal, but did not pay KRW 1.6 million ordinary wage of 30 days.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to written complaint and petition;

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;