근로기준법위반
Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, as the representative of Seo-gu “C” in Gwangju, is an employer who runs food business using four regular workers.
When an employer intends to dismiss a worker, he/she shall give the worker a prior notice at least 30 days, and if he/she fails to give a prior notice at least 30 days, he/she shall pay the ordinary wages for at least 30 days.
Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other inevitable circumstances, or where any worker intentionally interferes with business or causes property damage and falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.
Nevertheless, the Defendant immediately dismissed D who had been employed on October 28, 2018 and E who had been employed on November 8, 2018 from the above workplace without prior notice as of November 8, 2018, and did not immediately pay KRW 1,807,200 for each part of ordinary wages for 30 days as of November 8, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D and E;
1. The defendant asserts to the effect that the defendant does not have an obligation to pay an advance notice of dismissal for 30,00 hours since he/she did not have an obligation to pay an advance notice of dismissal because he/she had an obligation to pay an advance notice of dismissal for 30,00 hours at the time when he/she had an obligation to work for a certain period of time under the circumstance that he/she did not actually conclude a labor contract, and if he/she would have good respiratory with other employees, he/she did not have an obligation to pay an advance notice of dismissal. However, in full view of the evidence in the judgment, the defendant interviewed E on November 7, 2018 and had other employees work regularly from November 8, 2018, but it can be recognized that he/she immediately dismissed E without any advance notice as other employees have raised an
1. Article 110 of the relevant Act and Articles 110 and 26 of the Labor Standards Act concerning criminal facts as well as the selection of punishment;