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(영문) 수원지방법원 성남지원 2016.04.15 2016고정33

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The Defendant, as a representative of the C Music Research Institute in Seongbuk-gu, Sungnam-si, B 210, employs 10 full-time workers.

When the Defendant intends to dismiss a worker, he/she shall give a 30-day advance notice, and if he/she fails to do so, he/she shall give a 30-day advance notice of dismissal (ordinary wage for 30-day). However, on April 18, 2015, the Defendant did not pay 1,200,000 won of the advance notice of dismissal when dismissing a worker D

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the petitioner with D;

1. Application of Acts and subordinate statutes on labor contracts and letters;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse, KRW 100,000 per day);

1. Article 59(1) of the Criminal Act of the suspended sentence ( normal consideration, such as the fact that there are no criminal history against the defendant and some of the circumstances that can be taken into account in the course of committing the crime, and that there is a smooth agreement with the worker D);