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(영문) 서울중앙지방법원 2014.08.27 2014고정3353
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government 5 Dong 314 and is a user who runs cleaning service business using 13 full-time workers.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, on August 6, 2012, the Defendant was dismissed on February 17, 2014 and did not pay KRW 865,000 for an advance notice of dismissal allowance as soon as the Defendant was dismissed on February 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint(D);

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 for the detention of a workhouse;

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