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(영문) 수원지방법원 성남지원 2017.11.09 2017고정1310
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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 D in Sungnam-si, Sungnam-si, who employs one full-time worker, and operates an artificial park construction business.

When an employer has not pre-paid a worker thirty days prior to dismissal, he/she shall pay the worker ordinary wages for not less than thirty days.

Nevertheless, the Defendant did not pay KRW 3,000,000 as the pre-employment allowance, while the Defendant’s work in the workplace from June 17, 2016 to September 30, 2016 as an employee E, who had worked in the workplace from September 30, 2016.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police to E;

1. Application of statutes governing Kakao Stockholm messages (calculated of Wages);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Labor Standards Act, and the choice of a fine (such as the fact that the defendant is against his/her gender, the fact that the victim has paid advance notice of dismissal to the victim after the closure of pleadings, and the fact that the victim has no same criminal record);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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