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(영문) 서울남부지방법원 2013.03.18 2013고정560
근로기준법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government cafeteria who is engaged in restaurant business with two regular workers.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant dismissed workers C who worked from May 3, 201 at the above workplace on September 13, 201, without prior notice, and did not pay 1,590,720 won or more of ordinary wages for at least 30 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police about C;

1. C’s petition;

1. An investigation report (the monetary content with the respondent C);

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts. Article 26 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,00 won);

1. It is so decided as per Disposition on the grounds of Article 59(1) of the Criminal Code (the suspension of sentence: fine of 200,000 won, the defendant did not have the same kind of power and the full advance notice of dismissal shall be paid to the worker C, and the full advance notice of dismissal shall be paid,

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