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(영문) 울산지방법원 2013.06.27 2012고단2065
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a business owner who employs 30 full-time workers at the place of business located in Yangsan City, and has been engaged in manufacturing, such as V and width.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on November 30, 201, the Defendant dismissed D and did not pay KRW 1,521,127 as well as KRW 1,521,127 as the written statement of the money and valuables in arrears by individual, as shown in the attached Table, when dismissing 12 employees of the above company on November 30, 201 without the prior notice of dismissal, and did not pay KRW 15,323,026 in total of the pre-determination allowances for dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement regarding D;

1. Full certificate of the registered matters;

1. Current status of overdue wages;

1. Certificates of deposit;

1. (States)C arrears;

1. Statement of retirement allowance;

1. Application of a dismissal notice Acts and subordinate statutes;

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 11270, Feb. 1, 2012) (amended by Act No. 11270, Feb. 1, 201) regarding criminal facts

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. From March 11, 2011 to November 30, 2011, the Defendant, who failed to liquidate money and valuables, did not pay KRW 3,120,960 in total, which was to be paid to D who retired while working in the said company, within 14 days from the date of the said retirement without an agreement between the parties on the extension of the payment due date, as shown in the attached Form “detailed statement of personal overdue money and valuables (1).”

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