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(영문) 서울중앙지방법원 2012.09.28 2012고정251
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of Jung-gu Seoul Metropolitan Government C(D) and is a user who runs the facility management service business using ten full-time workers.

1. When an employer intends to dismiss a worker, he/she shall give the advance notice at least 30 days prior to the dismissal, and when he/she fails to give the advance notice at least 30 days prior to the dismissal, he/she shall pay the employee E who is employed on August 26, 2006 at the above workplace and worked as a field-based engineer on April 30, 2010, and the Defendant did not immediately pay 1,300,000 won of the advance notice of dismissal on the date of dismissal without the advance notice.

2. In the absence of an agreement between the parties on the extension of the due date, an employer shall pay all money and other valuables, such as wages, within 14 days from the date of retirement, unless the parties concerned have agreed on the extension of the due date, but the Defendant did not pay 8,75,240 won in total, such as wages, within 14 days after retirement without an agreement on the extension of the due date, from August 26, 2006 to April 30, 201 of E, who worked in the said workplace from March 1, 2011; and 1,300,000 won in April 20, 201; and 6,15,240 won in total as retirement allowances; and

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a written petition, average wages and retirement allowance calculation;

1. Article 110 subparagraph 1 of the Labor Standards Act and Articles 26, 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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