beta
(영문) 수원지방법원 성남지원 2018.05.29 2018고단916

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the actual manager of the “C” located in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu B, and is a user who has run a director cargo transportation business using five full-time workers.

When an employer intends to dismiss a worker, he/she shall make a prior notice at least 30 days prior to the dismissal, and if he/she fails to make a prior notice at least 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant did not pay KRW 3,360,000 corresponding to the ordinary wage for 30 days in advance of dismissal as an advance notice of dismissal on February 11, 2018 without giving notice of workers D who worked from the end of March 2017 at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of statutes on business registration certificates;

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

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

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: Fine of 300,000 won, detention in a workhouse: 100,000 won per day) of the suspension of sentence (the consideration, such as the fact that the defendant has no same criminal record, the confession of the crime of this case and seriously reflects the crime of this case, and the fact that the victim has expressed his/her intention not to punish by mutual consent with the victim);