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(영문) 부산지방법원 2019.01.31 2018고정1822

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a actual employer who is engaged in food business with four regular workers under the trade name of Busan Jin-gu B apartment and C, Busan, and D.

When an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least thirty days, and if the employer fails to give such notice thirty days, he/she shall pay the ordinary wages for thirty days or more.

Nevertheless, the Defendant was dismissed on December 9, 2017 and did not pay KRW 2,00,000,000 corresponding to the 30-day ordinary wage as the pre-announcement of dismissal allowance, when he was dismissed on April 10, 2017 to December 9, 2017, and then dismissed workers E.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

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

1. Relevant Acts and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning facts constituting an offense.

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;