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(영문) 서울중앙지방법원 2015.04.21 2015고정36
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a D representative located in Jung-gu Seoul Metropolitan Government C, who ordinarily employs four workers and operates a printing business.

When an employer intends to dismiss a worker, he/she shall make a prior notice at least 30 days prior to the dismissal, and if he/she fails to make a prior notice at least 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, on December 9, 2013, the Defendant was dismissed from the above workplace without a prior notice of dismissal, and did not pay KRW 2,500,000 for the advance notice of dismissal immediately while dismissing E, which is working as a production worker from April 1, 2013 at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a statement of benefit or a copy of passbook;

1. Relevant Article 110 of the Labor Standards Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts;

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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