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(영문) 서울남부지방법원 2019.01.11 2018고정1045
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

Criminal facts

The defendant is the representative of Guro-gu Seoul Metropolitan Government D Co., Ltd., which is the employer who runs a core point with five regular workers.

When an employer intends to dismiss a worker, he shall give the worker a prior notice thirty days at least, and if the employer fails to give the prior notice thirty days, he shall pay the ordinary wages for thirty days or more.

Nevertheless, on January 13, 2017, the Defendant immediately dismissed workers E who were employed as full-time workers in the above workplace without any prior notice on June 16, 2017, and did not immediately pay KRW 1,562,091 equivalent to the amount of ordinary wages for 30 days as an advance notice of dismissal as an advance notice of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. The petitioner's statement;

1. Employment contracts;

1. Application of Acts and subordinate statutes on salary specifications;

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. The sentencing of Article 334(1) of the Criminal Procedure Act, which has been agreed with the reasons for sentencing, shall be determined as ordered in consideration of the various factors indicated in the records and the trial process of this case.

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