beta
(영문) 부산지방법원 2017.11.30 2017고정1990

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is the representative of "C" located in Busan Jin-gu, Busan, and is an employer who is engaged in service business with six full-time workers.

On September 29, 2016, the Defendant recognized that the dismissal of the instant employer (Defendant) against the instant worker (Defendant D) on May 24, 2016 by the Busan Local Labor Committee was unfair.

The employer of this case was judged to be reinstated to the original position within 30 days from the date of receiving the written determination of this case, and applied for reexamination to the National Labor Relations Commission on the grounds that it would have been able to receive wages if he had worked normally during the period of dismissal, and did not comply with the order of remedy due to the failure to pay the amount equivalent to D wages, even though the order of remedy became final and conclusive on November 14, 2016 by the Busan Regional Labor Relations Commission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to review records (the page of investigation records), such as a written adjudication (the fourth page of investigation records), an order for remedy, etc.;

1. Article 111 of the relevant Act concerning facts constituting an offense and Article 111 of the Standards for elective Labor (Selection of Penalties);

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;