beta
(영문) 부산지방법원 동부지원 2013.10.16 2013고단2307

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative of the defendant's operation D in Busan Suwon-gu, who is engaged in food service business by employing 7 full-time workers.

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 if he/she fails to give an advance notice at least 30 days, he/she shall pay the ordinary wages

The Defendant, without dismissal, did not pay KRW 1,136,092 of the daily ordinary wage for 30 days while dismissing workers E who worked in the above workplace on November 3, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s statement legislation;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the same Act concerning criminal facts, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.