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(영문) 서울중앙지방법원 2019.01.17 2018고정2687

근로기준법위반

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of C in the second underground floor of the Seoul Jung-gu, Seoul, who is a business operator who employs two full-time workers and operates a swimming and retail business.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant dismissed D, which is conducting sales business from September 6, 2016 at the foregoing workplace, as of September 30, 2018, and did not pay KRW 408,006 of the pre-announcement of dismissal allowance as of September 4, 2018 without prior notice of September 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 110 of the Labor Standards Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;