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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a representative of E in Sinju, who is a full-time employee and runs a business manufacturing compost by employing two workers.
When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.
Nevertheless, the Defendant did not immediately pay KRW 1,800,000 equivalent to the ordinary wage for 30 days under the notice of dismissal as the result of the immediate dismissal on January 20, 2016, when the Defendant immediately dismissed the F who had worked as a more driver from January 18, 2016 to the said workplace without the notice of dismissal on January 20, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the criminal place;
1. The defendant and his defense counsel asserted that the F is an exception to the reasons for the payment of pre-employment allowances, even if he were employed, since he had formed a labor relationship by lending the form of employment without the intention to provide labor for the purpose of appeal, accusation, or accusation. The defendant and his defense counsel asserted that the F is an exception to the reasons for the payment of pre-employment allowances.
It is true that the F, from January 11, 2003 to November 8, 2016, left a petition to the Employment and Labor Agency over 81 times. However, it seems that this is due to the fact that the F, as if the F, was a skilled worker without being able to drive any more, was employed and immediately dismissed from the employer.
That is so.
Even such circumstance alone that F was employed without the intention to provide labor.
It is difficult to see it.
In addition, the F does not have been able to drive more properly and do not have been able to do so, and the exemption from the notice of dismissal "other intentional interference or damage to property in accordance with social norms" is an exception to the notice of dismissal.
In a case where it is recognized, it shall also be deemed as constituting “in a case.”