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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2363

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs restaurant business using five full-time workers as the D representative located in Seoyang-gu Busan Metropolitan City C.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, the Defendant dismissed workers E who worked on March 3, 2015 at the above workplace without a prior notice that they should be easily paid to the extent of this frame due to the family circumstances on December 7, 2015, and did not immediately pay KRW 1,166,220 equivalent to the amount of ordinary wages for 30 days due to the advance notice of dismissal on the date of dismissal, while dismissing workers E who worked on March 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes to confirmation of telephone, etc.;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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;