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(영문) 서울중앙지방법원 2018.03.08 2017고단6482

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. 3 of Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, who has employed eight full-time workers and engaged in the business of manufacturing and installing signboards.

If an employer intends to dismiss a worker, he/she shall give a 30-day advance notice, and if he/she fails to give a 30-day advance notice, he/she shall pay a 30-day ordinary wage or more. However, on March 31, 2017, the Defendant did not pay 2,000,000 won of a 30-day ordinary wage (the 30-day ordinary wage) to E while dismissing E, who was employed in the said stock company D without a 30-day advance notice of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on arrears;

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. 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;