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(영문) 의정부지방법원 2017.08.31 2017고정292
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, as the representative of “C” corporation in Spocheon-si, is an employer who runs a furniture manufacturing business using 22 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.

On March 3, 2016, the Defendant did not pay the sum of the pre-determination allowances (D: 1,722,48 won, E: 1,722,48 won, F: 1,722,488 won, F: 2,181,818 won, while dismissing an employee D, E, and F by March 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the Police Examination for the accused (including each part of E, D, and F);

1. Each document of E, D, and F;

1. Application of Acts and subordinate statutes to a report on investigation results;

1. Article 110 of the relevant Act concerning facts constituting a crime and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning the selection of punishment;

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

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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