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(영문) 울산지방법원 2014.05.02 2013노1082
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The determination of this case is that the Defendant, as an employer, did not pay the dismissal allowance of KRW 1,479,360 for 30 days of ordinary wage while dismissing the employee D without prior notice, and that the Defendant did not perform its duty to liquidate money and valuables of KRW 5,361,67 in total until the date on which the said employee retired, even though the said employee retired, and did not perform its duty to do so.

In light of the facts that the Defendant had no record of punishment except for those sentenced to a fine of two million won due to the violation of the Food Sanitation Act, the Defendant paid the unpaid amount to the said employee only after the lapse of the nearest period of one year after the crime of this case through the civil procedure filed by the said employee against the Defendant, the sentence of the lower court is deemed unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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