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(영문) 대구지방법원 2017.10.19 2017고정672
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, as a representative of Daegu Suwon-gu C, is an employer who runs a Korean-style restaurant business using two full-time workers.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant did not pay KRW 1,650,000 for E’s allowances to E who worked from October 6, 2016 to October 26, 2016 at the above workplace, despite that he did not give advance notice of dismissal 30 days prior to the dismissal.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. The witness E’s legal statement [the defendant and his defense counsel are finitely finitely finitely finitely finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite)]

In light of the above, there is a circumstance that can be considered for the Defendant to dismiss the E without prior notice (E appears to have continued to produce identification and health certificates even at the request of the Defendant and the husband of the Defendant).

However, such circumstance alone seriously interferes with E’s “worker in probationary employment” or “the project intentionally in light of social norms.”

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