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(영문) 서울북부지방법원 2016.06.03 2015고정2731
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who employs approximately one hundred full-time workers in Seoul Special Metropolitan City, Nowon-gu and operates a taxi transportation business company D.

1. An employer who has violated the restriction of dismissal shall not dismiss a worker during a period of suspension of work for medical treatment of an occupational injury or disease, and thirty days thereafter, or for thirty days thereafter, or for a woman before and after childbirth in accordance with the Labor Standards Act;

Nevertheless, from January 15, 2014 around June 22, 2013, the Defendant reported the loss of the four insured status of the worker E, who was suspended for occupational injury and medical treatment, and dismissed E from the above D Co., Ltd. by reporting the loss of the insured status of the four insurance to December 25, 2013.

The written indictment contains “ Nevertheless, the Defendant, however, was dismissed from office in the above D on December 25, 2013 for the medical treatment of occupational injury from June 22, 2013.” However, to the extent that it does not disadvantage the Defendant’s exercise of his/her right to defense, the Defendant’s partial revision without the process of modification of indictment according to the facts obtained through the examination of evidence is without prejudice.

2. Where an employer who has violated the obligation to pre-determination of dismissal or pay allowances intends to dismiss (including dismissal due to managerial reasons) workers, he/she shall pre-announce them at least 30 days, and where he/she fails to do so 30 days prior to such dismissal, he/she shall pay ordinary wages for at least 30 days.

Nevertheless, as described in paragraph 1, the Defendant, while dismissing E, did not give notice of dismissal or pay not less than 30 days of ordinary wages.

Summary of Evidence

1. Statement protocol by the police for E;

1. A complaint;

1. Notice of a report on the loss of insured status, confirmation of acquisition or loss of insured status, and application of statutes on temporary closure benefits;

1. Article 107 and the main text of Article 23(2) of the Act on the Standards of Selective Labor for Criminal Facts, Article 110 subparag. 1 and Article 26 of the Labor Standards Act.

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