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(영문) 수원지방법원 2018.07.05 2017고정2885
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, as a representative of D in C in terms of harmony, is an employer who runs a manufacturing business using one full-time worker.

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 did not pay KRW 3,200,000 of the pre-employment allowance amounting to the ordinary wages for 30 days when he immediately dismissed on July 8, 2017, without giving 30 days prior notice of dismissal to E who worked from January 2, 2017 at the above workplace.

Summary of Evidence

1. Legal statement of witness E;

1. A petition, - The details of passbook entry [the defendant and his defense counsel given a prior notice of dismissal to E by the end of June 2017, and agreed on it. On July 2017, 2017, the defendant and his defense counsel allowed E to work in an effort to take into account workers when E continues to work.”

The E argues that the employment relationship was not maintained between E and E.

According to the submitted data, the fact that the defendant paid job offer advertisements seeking substitute worker E in the cross-examination on June 5, 2017 is recognized, and the witness F of the defendant's side was expressed in this court that "after May 2017, 2017, the defendant and E were hnifed.

“The statement was made.”

However, according to the evidence duly adopted and examined by this court, there was a dispute between E and the defendant from time to time during the period of work of E, and E will be retired on several occasions.

However, every time, the facts that the Defendant attached E or that E voluntarily worked to work again, and that E was working to work in D on July 8, 2017, but, although there was a serious dispute arising between the Defendant and the Defendant due to the drawing problems, E was above-mentioned.

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