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(영문) 의정부지방법원 고양지원 2016.06.16 2016고단1185

근로기준법위반

Text

Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of Seocho-gu Seoul Metropolitan Government C, operated the electrical construction business with three full-time workers.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if the employer fails to give an advance notice at least 30 days prior to such dismissal, he/she shall pay the ordinary wages

Nevertheless, the Defendant was dismissed on April 1, 2014 at the site of E University No. 2 campus C East-gu E University’s Electric Installations Corporation located in Gyeyang-gu, Seoyang-gu, Yangyang-si and without notice on February 23, 2015, and Defendant F did not pay KRW 3,900,000 of the dismissal allowance corresponding to the amount of ordinary wages for 30 days in advance, and paid KRW 3,60,000 of the dismissal allowance corresponding to the amount of ordinary wages for 30 days in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes concerning fact-finding, such as each petition and telephone;

1. Article 110 of the relevant Act concerning facts constituting a crime and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Taking into account that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant and there is no record of criminal punishment, and that the victims do not want the punishment after the prosecution of this case by mutual agreement with the victims after the prosecution of this case