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(영문) 서울중앙지방법원 2019.06.13 2019고정795

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The Defendant, as the representative of the Seocho-gu Seoul Metropolitan Government Btel C, is an employer who employs 30 full-time workers and operates a medical care service business.

If an employer intends to dismiss a worker, he/she shall give a prior notice at least 30 days prior to the dismissal, and if the employer fails to give a prior notice 30 days prior to the dismissal, he/she shall pay at least 30 days ordinary wages, despite the fact that the Defendant, from February 18, 2018, did not immediately pay 891,000 won, which is a 30-day ordinary wages, while dismissing the worker, to E who worked as a caregiver at the said workplace from February 18, 2018 without giving a prior notice of dismissal.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the defendant;

1. Application of each police protocol of statement to E;

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the same Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds that Article 59(1) of the Criminal Act of the Suspension of Sentence (the suspended sentence: fine of 200,000 won for a fine: 10,000 won for a year) (the motive and background of the crime of this case, the victim may be partly responsible for the crime of this case, the victim may also provide a cause for partial suspension of the crime of this case, etc.), the defendant appears to have paid advance notice of dismissal, etc. during the process of the victim’s remedy for unfair labor practices, and the defendant has no penal power prior to the instant case, etc.) is more than the above sentence.