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(영문) 춘천지방법원 강릉지원 2019.08.22 2019고정47
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual manager of Gangnam-si C, who runs restaurant business using two regular workers.

When an employer dismisses a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give an advance notice at least 30 days prior to the dismissal, he/she shall pay the ordinary wages for

Nevertheless, on July 2, 2018, the Defendant did not immediately dismiss a worker D, who was employed on June 12, 2018 at the said workplace, and was dismissed on July 2, 2018, and was retired from office by acquiring wages by one month having passed, and did not pay KRW 3,500,000 for the advance notice of dismissal corresponding to the amount of ordinary wages for 30 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. Employment contracts;

1. Business registration certificate, the defendant and his defense counsel argued that D's career was exaggeratedly exaggerated in entering the defendant's business place on criminal facts, and the defendant had entered into a D's employment contract with D by a defective declaration of intention without deceiving the defendant. Thus, the defendant may cancel the above employment contract.

In addition, the defendant asserts that the contract of employment is not concluded because he did not have employed D regularly, but did not have employed D regularly for a period of four days after setting a probation period.

However, in light of the evidence submitted in this case, it is not sufficient to view D to have committed deception as alleged by the Defendant in entering the Defendant’s workplace, and that D is recognized by the above evidence, i.e., from June 12, 2018, as follows.

7. Before July 2, 2018, the Defendant was working in the Defendant’s place of business for 21 days; the Defendant immediately dismissed D on July 2, 2018, stating that “the Defendant is retired from office after receiving benefits by putting his/her draft on the same month; and the Defendant’s 2.45 million won, the daily wage of 21 days, for D.

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