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(영문) 창원지방법원 마산지원 2013.07.09 2012고정793

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the Development Bank D Co., Ltd., located in the window 402 of Changwon-si, who is an employer as a business management officer who employs 700 full-time workers and operates the building management service business.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, the Defendant, who was employed on February 1, 2008 at the above workplace and worked as a security guard of the apartment of the Haan-gun, Haan-gun, Haan-nam, for the reason that “5 years of age or older shall not work in the regular control room, and shall be no longer work in the night parking control room,” was immediately dismissed as of May 1, 201 without a prior notice and immediately paid KRW 812,160 for the amount of ordinary wages for 30 days on the date of dismissal.”

Summary of Evidence

1. Legal statement of witness G, and part of witness H’s legal statement;

1. Statement made by a witness F in the third protocol of the trial;

1. An employment contract and a retirement allowance statement;

1. Certificate of contents;

1. Copy of business registration certificate;

1. Application of the current status of resignation (E apartment) Acts and subordinate statutes;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Taking into account the agreement with the victim) of the suspended sentence;