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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is the representative of the “D Company” in Gangnam-gu Seoul Metropolitan Government and 201, who is engaged in a service business (automobile registration agent) by using three full-time workers.
When an employer intends to dismiss a worker, he/she shall make a prior notice at least 30 days prior to the dismissal, and if he/she fails to make a prior notice at least 30 days, he/she shall pay the ordinary wages for not less than
Nevertheless, with respect to E who was employed as an employee for the delivery and installation work of the vehicle number plate as of February 21, 201 in the foregoing workplace, the Defendant notified the dismissal as of February 15, 2012 and dismissed as of February 21, 2012, and did not pay KRW 1,500,000 for an advance notice of dismissal corresponding to the ordinary wage of 30 days, while dismissing as of February 21, 2012. Moreover, on August 5, 2010, the Defendant was employed as a member of the foregoing workplace on February 15, 2012 to be employed as an agent for registration of automobiles and for business affairs, and did not pay KRW 1,30,000 for an advance notice of dismissal corresponding to the ordinary wage of 30 days from February 17, 2012 to February 17, 2012.
Summary of Evidence
1. The statements of witnesses E and F in the third protocol of the trial;
1. Each police suspect interrogation protocol against the accused (including the E and F’s statement entry);
1. Statement of the police to the defendant, F, and E;
1. A protocol concerning the suspect examination of the accused;
1. Application of a copy of business registration certificate;
1. Article 110 of the Labor Standards Act and the main sentence of Article 26 of the same Act concerning criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;