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(영문) 서울중앙지방법원 2017.08.18 2017고정231
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the unpaid advance payment for dismissal is acquitted.

Reasons

Punishment of the crime

The Defendant is operating the “D Private Teaching Institutes” by employing three full-time workers in Seocho-gu Seoul Metropolitan Government C and five floors.

An employer shall specify the working conditions of the worker, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and shall deliver the worker a document stating the composition method, calculation method, payment method, prescribed working hours, prescribed working hours, holidays, and annual paid leaves.

Nevertheless, while concluding a labor contract with E on December 16, 2014, the Defendant did not specify the working conditions and did not deliver a document specifying the matters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. A fine of 300,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Parts of a crime under Article 59 (1) of the Criminal Act (the details leading to the crime of this case, and the circumstances before and after the crime of this case) of the suspended sentence;

1. When an employer of the summary of the facts charged intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if he/she fails to give an advance notice at least thirty days prior to the dismissal, he/she shall pay the worker ordinary wages

On November 30, 2015, the Defendant issued an advance notice of dismissal to a worker E by stating that “the newly employed teacher would work from December 14, 2015, and thus, to December 13, 2015, the Defendant issued an advance notice of dismissal.” In fact, when the Defendant dismissed the E as of December 14, 2015, the Defendant issued an advance notice of dismissal 1,889,640 won of ordinary wages of 30 days, even though it did not pay the advance notice of dismissal allowance.

2. The defendant and the defense counsel asserts that, according to their own will, E is not dismissed by the defendant.

According to the evidence duly adopted and examined by this court, the above private teaching institute is a school lecturer.

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