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(영문) 서울중앙지방법원 2013.03.21 2012고정5351
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The defendant is the Gangnam-gu Seoul Metropolitan Government Branch of Gangnam-gu, who is an employer who provides bid information service by using two regular 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.

Nevertheless, on February 28, 2012, the Defendant dismissed an employee D, who consulted on the invitation of members of an electronic bid from the said workplace on August 23, 2011, without sending a text message to “on the invitation of members,” and did not pay KRW 1,500,000 for the advance notice of dismissal corresponding to the amount of ordinary wages for 30 days.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Part of the statement statement made by the police against the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing D’s petition;

1. Relevant Article 110 of the Labor Standards Act and Articles 110 and 26 of the Labor Standards Act, and selection of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. The portion of dismissing public prosecution pursuant to Article 59 (1) of the Criminal Act (i.e., a fine of 300,000 won, a fine of 30,000 won, a absence of any particular criminal record, and an agreement with D);

1. Facts charged: The defendant is the head of Gangnam-gu Seoul Metropolitan Government Gangnam-gu agency, who is an employer engaged in bid information service business using two full-time workers. The defendant did not pay 206,890 won for February 2, 201, for which he/she had worked from August 23, 201 to February 28, 2012; 180,000 won for attracting February 2, 2012; 452,090 won for successful bid price incurred on February 2, 2012; and 838,980 won for total amount from the date of retirement within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. Grounds for dismissing public prosecution: Article 109(2) of the Labor Standards Act, Article 327 subparag. 6 of the Criminal Procedure Act (referring to an expression of intention not to prosecute the case on March 12, 2013, which was after the institution of the public prosecution in this case)

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