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(영문) 창원지방법원 진주지원 2016.04.20 2015고단1203

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of E in Jinju-si, is an employer who runs the manufacturing industry (manufacturing and selling of brick materials) by making use of 33 full-time workers, and the employer, when intending to dismiss workers, shall give such advance notice at least 30 days prior to the dismissal, and when he fails to give such advance notice at least 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, with respect to F, who was employed on March 3, 1997 in the above workplace and worked as a production worker, the Defendant immediately notified the dismissal for the reasons of the closure of business on December 22, 2014, without any prior notice, and the Defendant did not immediately pay total of KRW 18,513,000 in total, including KRW 1,473,00 for the amount of ordinary wages for 30 days with the advance notice payment for each individual as indicated in the separate sheet, as well as KRW 18,513,00 for the advance notice payment for each individual in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each special relation to F and G:

1. Application of a copy of the written determination above to the union;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant's assertion;

A. The instant workers were dispatched from May 15, 2014 to the company operating the Defendant had lawfully taken measures for the closure of work from July 1, 2014. Accordingly, workers did not provide labor from the date of the above strike to the time of dismissal. The Defendant gave prior notice of dismissal.

Even for workers who have no choice but to provide labor, there is no obligation to pay pre-employment allowances.

B. The Defendant’s operating company was to discontinue its business due to the long-term strike of workers and the subsequent closure of the workplace.