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(영문) 대전지방법원 2019.10.10 2018고정1219 (1)
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 representative of the Seo-gu in the war, who is a user of the mobile phone sales business using three full-time workers.

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

Nevertheless, the Defendant dismissed D workers who worked from November 30, 2017 to April 23, 2018 without notice on April 24, 2018, and did not pay the advance notice of dismissal amounting to KRW 2,000,000 ordinary wages of 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone statement hearing);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include that the defendant paid KRW 2,000,000 to the victim and the victim does not have been punished by the victim under a mutual consent. The defendant's age, motive for committing the crime and circumstances after committing the crime shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments of this case, including the defendant's age

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