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(영문) 서울서부지방법원 2014.09.02 2014고정369
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employer who runs a wholesale and retail business in Yongsan-gu Seoul Metropolitan Government by using seven full-time workers under the trade name of “stock company G” in Yongsan-gu Seoul.

If an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and if he/she fails to give a notice of dismissal at least 30 days, he/she shall pay the worker H at the above workplace on May 16, 2013, the Defendant did not pay KRW 2,851,000 of ordinary wages for 30 days while dismissing the worker H at the above workplace without a notice of dismissal, and did not pay KRW 8,560,000 of ordinary wages for 30 days as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H and I;

1. Written petition by J;

1. Application of statutes on the details of unpaid benefits;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 500,000 won for which the sentence is suspended; and

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., the first crime committed by the defendant without any criminal history, and the payment of both overdue wages and pre

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