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(영문) 수원지방법원 여주지원 2017.04.25 2017고정49
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the C Co., Ltd. in Suwon-si B, who runs the safety management service business using two full-time 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 D 30 days before December 21, 2015 to January 25, 2016 at the above workplace without prior notice and did not pay 2,603,280 won of the dismissal allowance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the special judicial police officer against the defendant or D;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 110 of the relevant Act concerning criminal facts, Article 110 of the Standards for Optional Labor, the main sentence of Article 26 of the Act, and the selection of fines;

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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