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(영문) 광주지방법원 순천지원 2020.05.07 2019고정58
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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 person who actually runs a "D" camera in the name of the C Association in the name of the net city B, and is an employer who employs four full-time workers to engage in food business.

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 dismissed workers E who worked as employees from April 1, 2017 at the above workplace without notice on November 27, 2018, and did not pay KRW 1,242,450 equivalent to the ordinary wages for 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to E’s written statement;

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

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