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(영문) 의정부지방법원 2020.06.04 2019고정1038
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

The crime committed in the attached Form 2 of the crime history (the fact that the advance notice of dismissal is not paid).

unpaid Pre-Announcement Allowance of Dismissal

(a) otherwise than changing the suspect to Defendant, “4,500,000 won corresponding to the 30-day portion” to “30-day portion”.

same as the entry in the subsection.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C, and D;

1. The protocol of interrogation of the police suspect against the defendant (the defendant is not a worker B, but the evidence duly adopted and examined by the court below) applies the law to the defendant's interrogation protocol of the defendant (the above argument of the defendant is without merit in light of the fact that the defendant was in charge of handout and marketing, etc. in the packing horse operated by the defendant, and was paid monthly salary, and C, who was employed as an employee in the packing horse, stated that the defendant had worked as the president of the packing horse and as the shop B in this court, and that the defendant also stated that he had worked as the store B in the investigative agency with the monthly salary of three million won.

1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. Summary of this part of the facts charged

(a) (A) An facts constituting an offense in the attached Form of the crime in which money and valuables are not paid in arrear.

For the purposes of this subsection:

(However, the suspect is changed to the defendant). B

(In the event that the Defendant was dismissed on May 31, 2018, the Defendant did not immediately pay 4.5 million won equivalent to the amount of the ordinary wage for 30 days as the advance notice of dismissal without the advance notice of dismissal on May 31, 2018.

2. Determination

A. According to the records of this case, the Defendant’s acceptance of the packing horse of this case from D, who is the actual operator, and appears to change the name of the business operator from April 10, 2018, and B’s first appeal against the Defendant.

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