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(영문) 제주지방법원 2015.01.16 2014고단1608

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of this case is as follows: (a) the defendant is the representative director of C Co., Ltd. in Seopopopo City B, who operates accommodation business using 100 full-time workers; (b) the employer is not able to continue the business due to natural disasters or other unavoidable causes; or (c) the worker intentionally causes enormous harm to the business or causes property damage to the property, and unless it falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor, he/she shall give prior notice 30 days prior to dismissal; and (d) if the worker was dismissed without prior notice, he/she shall pay at least 30 days ordinary wages; (e) the defendant did not pay at least 1,250,400 won for 30 days ordinary wages when he/she dismissed D who worked in the above workplace on May 19, 2014; and (e) under Article 109(2) of the Labor Standards Act, the worker D cannot institute a prosecution against the victim’s intent specified in the Labor Standards Act; and (e) according to the records, it is dismissed pursuant to Article 37 of this case.