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(영문) 서울중앙지방법원 2014.07.23 2014고정2066
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of D, a corporation established for the purpose of building construction business in Seocho-gu Seoul Metropolitan Government C and 4, who has employed five regular workers.

An employer or worker who is dissatisfied with an order of remedy or decision of dismissal made by a local Labor Relations Commission under the Labor Relations Commission Act may apply for reexamination to the National Labor Relations Commission within ten days from the date of receiving a notice of such order of remedy or decision of dismissal, and the employer or worker concerned may institute a lawsuit against the decision of reexamination of the National Labor Relations Commission pursuant to the Administrative Litigation Act within fifteen days from the date of receiving the notice of the decision of reexamination; and if the employer or worker fails to file an application for reexamination within the said period or to file an administrative litigation, the order of remedy, decision of dismissal or decision of reexamination shall be finalized, and the employer or worker concerned shall perform the decision of reexamination containing

Nevertheless, on October 12, 2012 through November 15, 2012, the Defendant, who was employed by himself/herself and was dismissed, was judged to be unfair dismissal from the Seoul Regional Labor Relations Commission on January 4, 2013 with respect to the relief from unfair dismissal that he/she applied against the Defendant on November 20, 2012. On February 4, 2013, the notice was served by public notice and became effective as of February 19, 2013. The notice did not request reexamination to the National Labor Relations Commission on the relief order within 10 days from the date the order became effective, and even if the relief order was finalized as of March 5, 2013, the date the order was implemented, the amount equivalent to KRW 10 and the amount of wages during the period of dismissal was not paid until March 20, 2013.

Summary of Evidence

1. Each part of the prosecutor's office and police interrogation protocol of the accused;

1. The prosecutor's statement concerning the F;

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