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(영문) 서울서부지방법원 2015.10.08 2015고정876

근로기준법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the Association in the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government, who runs a service business using three full-time workers. A.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant, from July 1, 200, did not pay 2.2 million won as of July 25, 2014, a regular wage payment date, as well as the wages on August 8, 2014 and the same year, as shown in the attached list of crimes, which had worked as the Secretary General at the above workplace from July 1, 200 to the above workplace.

9. The non-payment of wages on each regular wage payment date;

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty

Nevertheless, the Defendant immediately conducted an employee F who was employed on May 28, 2004 without a prior notice on September 30, 2014, and did not immediately pay 1.5 million won of the advance notice of dismissal on the date of dismissal as stated in the attached list of crimes, including that three workers were immediately dismissed on September 30, 2014, and did not immediately pay 5.9.8 billion won of the advance notice of dismissal allowance on the date of dismissal as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written statement of E and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109 (1), Article 43, Article 110 subparagraph 1, or Article 26 of the Labor Standards Act concerning facts constituting an offense; Article 109 (1), Article 43, Article 110 subparagraph 1, or Article 26, of the same Act;

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

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

1. The case where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant's age, character and conduct, environment, etc.