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(영문) 서울중앙지방법원 2016.06.27 2016고정205
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user engaged in real estate development business by employing three full-time workers as the representative director of corporation E in the third floor of the Gangnam-gu Seoul Metropolitan Government D building.

1. On September 22, 2014, the Defendant entered into a labor contract with F workers at the above workplace on or around September 22, 2014, the constituent elements of wages. The method of calculating wages and matters regarding the method of payment, small working hours, holidays, annual paid leaves, etc. are not specified in writing.

2. On August 25, 2015, the Defendant did not pay KRW 3,000,000 of the dismissal allowance, which is a 30-day ordinary wage, while dismissing the above F, who was in charge of real estate development in the above workplace, without prior notice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written petition (F), a statement made by the public (F, G);

1. A document submission;

1. F and text communications;

1. Application of statutes to inquire into history of employment insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 114, 17 (a point where the working conditions are unclear), subparagraph 1 of Article 110 of the Labor Standards Act, Article 26 of the Labor Standards Act, and selection of each fine;

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

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

1. The Defendant asserts that F voluntarily resigned or the Defendant did not dismiss, as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

The following circumstances, known by the records of this case, F, August 24, 2015:

8.26.0 to 26.0

8. On August 30, 2015, the Defendant was absent from office on the ground that he was released from office until September 28, 2015, the Defendant sent F a word “other employees recruitment notice to be submitted at a certain time upon withdrawal of the company” to F, and F will take a unpaid leave until September 13, 200 as the company’s circumstances are difficult.

The defective defendant is not the case.

In the absence of absence from office at a week without permission, the disposal of the leave of absence shall be the date of absence from office without permission. The notice shall be sent.

was the same.

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