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(영문) 서울남부지방법원 2017.01.12 2015고정2570
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a representative of the five new buildings in Yeongdeungpo-gu Seoul Metropolitan Government, who is a user who operates a funeral service business using 110 full-time workers.

Around February 4, 2013, the Defendant received an order of unfair dismissal from the Seoul Local Labor Committee (Seoul Local Labor Committee) to the effect that “Any dismissal made on October 17, 2012 to workers D is unfair, and thus, the Defendant would return to the original position within 30 days from the date on which the written ruling was served and would pay an amount equivalent to wages that could have been received if the Defendant would have been normally employed during the period of dismissal.” In the administrative litigation filed by the Defendant, the Defendant failed to comply with the above order of remedy despite the fact that the above order of remedy was confirmed on August 12, 2014 in the administrative litigation filed by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. A written award;

1. Application of Acts and subordinate statutes to a report on the implementation of relief orders and accusation investigation;

1. Relevant legal provisions concerning criminal facts and Article 111 of the Act on the Standards for Optional Labor. Article 111 (Selection of Penalty)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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