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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
(a) 1) Party E’s retirement from office is not by an agreement with the Defendant and is not by dismissal;
Even by dismissal, the Defendant recommended E to resign on June 25, 2014, and sent such e-mail on July 3, 2014. On July 20, 2014, the Defendant paid benefits to E by July 25, 2014, and thus, the Defendant appropriately performed the duty of pre-determination of dismissal 30 days prior to dismissal.
I see that it is.
2) At the time of the interview with E, the Defendant determined as KRW 36 million per annum, including retirement allowances, and the first 3 months agreed to pay only 80% of the wages during the period of probation. The first 2 months to E deducted taxes from the amount calculated by dividing 36 million won by 13 and then deducted 80% of the amount, and 36 million won from the amount calculated by dividing 13 by 13.
The defendant entered into an annual salary contract including excessive retirement allowances for other employees, and the defendant entered into a different wage contract from E0,000.
It is difficult to see it.
Therefore, E's assertion that wages amounting to 3 million won per month is different from the facts, and there is no wage that the defendant has paid to E.
Even if so, E's argument is acceptable.
Even if the tax amount should be deducted from the 3 million won per month, so the unpaid wage amount is different from the facts charged.
B. Although the Defendant had failed to prepare a labor contract at the time of entering into a labor contract with E after setting the period of time on the wind that the form of a labor contract is changed, the Defendant itself acknowledges that no labor contract has been issued and endeavored to avoid any violation of the law in the future.
Even if the defendant has not paid the unpaid wages,
Even if the amount is limited to KRW 973,436, the amount is limited to KRW 973,436. The defendant has no record of criminal punishment or heavier punishment than that of the same criminal
Comprehensively taking account of these circumstances, the punishment sentenced by the court below (50,000 won).