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(영문) 수원지방법원 안양지원 2014.06.13 2014고정178

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

The Defendant is an employer who operates a restaurant with the trade name “C” in Article 209 of the former Building B, for a period of up to two full-time workers, and the Defendant dismissed D, who was a monthly wage worker from November 14, 2012 at the above workplace, without notice on August 16, 2013, and did not pay KRW 1,80,000 of the advance notice of dismissal corresponding to the ordinary wages for 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's assertion of the witness D's legal statement and the defendant's defense counsel's assertion that D's legal statement did not work properly, and the defendant's defense counsel caused enormous impediment to the business, such as spreading false facts against the defendant, and thus, even if the defendant was dismissed without the prior notice of dismissal, it constitutes a case where the defendant's act does not constitute a case where the defendant's dismissal is exempt from ordinary wages for not less than 30 days. However, the materials submitted in the investigation stage and the trial process alone do not seem to fall under "the case where D's act causes enormous hindrance to the business or causes property damage"

Application of Statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;