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(영문) 서울중앙지방법원 2016.08.17 2016고정1890
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 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 a user who runs precious metal retail business using one full-time worker as the C representative in Jongno-gu Seoul Metropolitan Government 18th floor of Jongno-gu.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so thirty days prior to the dismissal, he/she shall pay the ordinary wages of thirty days.

Nevertheless, on January 5, 2016, the Defendant was dismissed immediately on January 5, 2016, and paid 3 million won equivalent to the 30-day ordinary wage as an advance notice of dismissal to the employees who were employed in the said workplace on November 5, 2015 as sales employees, without any oral advance notice, on January 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition (D);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to Kakaoo submitted data (Stockholm);

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

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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