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(영문) 수원지방법원 성남지원 2020.01.22 2019고정1073
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, as a manager of C in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, is an employer who employs three full-time workers and engages in wholesale and retail business.

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

Nevertheless, around April 5, 2019, the Defendant dismissed workers D who worked from around September 10, 2018 at the above workplace and did not give prior notice 30 days prior to the date of dismissal, and did not pay 3,800,000 won equivalent to the ordinary wages for 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on recording;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the same Act concerning criminal facts, and selection of fines;

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 for not less than Article 334(1) of the Criminal Procedure Act.

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