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(영문) 서울남부지방법원 2017.06.15 2017고정193
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the user who runs the real estate brokerage business by using one full-time worker as the representative of the D Certified Private Brokerage Office in Yeongdeungpo-gu Seoul Metropolitan Government Office B218.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and when he/she fails to give the advance notice thirty days prior to the dismissal, he/she shall pay wages for not less than thirty days.

Nevertheless, the defendant employed as a brokerage assistant after entering the above workplace on January 11, 2016 at the same workplace and dismissed 800,000 won equivalent to the ordinary wage for 30 days in advance notice of dismissal as an advance notice of dismissal, within the workplace around September 20, 2016, without any contract performance by the end of September, 201, and without any prior notice period of 30 days or more.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police for E;

1. Application of statutes on employment contracts;

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

1. A fine of 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (all circumstances, such as the background of the crime in this case, the age, character and conduct, environment and criminal records of the defendant, confession, the payment of unpaid allowance to the worker and the payment of pre-paid allowance in advance to the worker, and the fact that the worker

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