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(영문) 서울중앙지방법원 2016.08.23 2016고정1044

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a DNA representative in Gangnam-gu Seoul Metropolitan Government, who is a user who runs a restaurant that is separated by four full-time workers.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the defendant's employee E who was employed on December 28, 2015 in the above workplace and worked at the manager on December 28, 2015 shall be deemed to work only up to the number of people on January 11, 2016 at around 3 p.m.

The notice of dismissal immediately without the prior notice of dismissal was not immediately paid KRW 2 million on the date of dismissal when the notice of dismissal was given.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police against the defendant (including a substitute part with E);

1. Application of statutes on business registration certificates;

1. Article 110 of the relevant Act concerning facts constituting an offense and Articles 110 subparagraph 1 and 26 of the Standard Act concerning elective Labor.

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

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