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(영문) 창원지방법원 통영지원 2019.10.29 2019고단1037
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the FF corporation operating a specialized construction business with ten full-time workers at the construction site located in the E located in the city located in Busan Jin-gu B, Busan, and is the employer who is a business operator.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if the employer fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

Nevertheless, the Defendant, at the above construction site from October 14, 2018 to January 20, 2019, did not make a pre-announcement of dismissal 30 days before the date of dismissal while publicly announcing the pre-determination of dismissal on January 18, 2019, and did not immediately pay KRW 2,193,550, which is ordinary wages for at least 30 days, on the date of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes, such as a copy of a labor contract and a ledger of payment of daily labor expenses;

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. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (contributing into equity, etc. in relation to the violation of the Labor Standards Act due to the failure to pay wages, which is a crime of non-compliance with victims)

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