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(영문) 대전지방법원 천안지원 2016.08.23 2016고단1172
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a C business owner in the Seo-gu Northern-gu B, Seoan-gu, Seoan-gu, who is operating a mobile phone sales business with five full-time workers.

When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay not less than 30 days ordinary wages.

Nevertheless, the defendant did not immediately pay KRW 1,166,220 equivalent to the ordinary wage for 30 days in the notice of dismissal in June 24, 2015 to workers D who were employed on December 5, 2014 in the above workplace and worked as a mobile phone salesperson on December 5, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made with D;

1. A certificate of trade name;

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

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the period converted into one day) to the detention in a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the first offender, the fact agreed with the victim, and the fact that a substitute for the crime and a mistake are against the victim) of the suspended sentence;

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