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(영문) 서울북부지방법원 2017.02.15 2016고정2493
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Among the facts charged in the instant case, allowances for unused paid leave each year.

Reasons

Punishment of the crime

The defendant is the representative of the D Fusea club located in Seongbuk-gu Seoul Metropolitan Government, who ordinarily employs five workers and operates a service business (health).

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 the advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wage for at least 30 days, but the Defendant, from February 1, 2016 at the above workplace on April 27, 2016, dismissed, without the advance notice, E (i) “at least two (2) days after the end of April,” and (ii) as the advance notice of dismissal, he/she did not immediately pay 70,000 won equivalent to the ordinary wage for 30 days on the date of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Article 110 of the relevant Act concerning facts constituting a crime and subparagraph 1 of Article 110 of the Act on the Standards for elective Labor, and the main sentence of Article 26 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (as the defendant is divided in depth into his own mistake, he will not commit such a crime in the future.

The dismissed part of the prosecution, including the fact that the employee E does not have any criminal punishment against the defendant, that the employee E does not have any criminal punishment against the defendant, and that there is no criminal conviction against the defendant)

1. The summary of the facts charged is the defendant who is the representative of the 7th floor D Fuseby C Building located in Seongbuk-gu Seoul Metropolitan Government, who ordinarily employs five workers and operates a service business (health).

(a) If an employee dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant shall be deemed to have been employed by the health radar from February 1, 2016 to April 30, 2016 at the said workplace.

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