logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.11.01 2018고단992
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of the D Co., Ltd. located in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and is an employer who runs a manufacturing business with fourteen full-time workers.

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, the Defendant did not immediately pay KRW 3,636,362 corresponding to the 30-day ordinary wage on February 6, 2018 without giving notice to the workers E who were employed on December 19, 2017 at the said workplace and worked as the management team leader.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol by the police for E (including the part concerning the defendant's statement in the second statement protocol);

1. Notice of dismissal;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 110 subparagraph 1 of the Labor Standards Act, the main sentence of Article 26 of the same Act, and the selection of fines concerning facts constituting an offense;

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;

arrow