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(영문) 창원지방법원 통영지원 2018.11.23 2018고정8
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who is a representative of the C cafeteria located in Dong Young-si and operates a collection of frequencies using four full-time workers.

When an employer intends to dismiss a worker, he/she shall make a prior notice at least 30 days prior to the dismissal, and if he/she fails to make a prior notice at least 30 days, he/she shall pay the ordinary wages for not less than

Provided, That this shall not apply to cases where it is impossible to continue a business due to a natural disaster, accident, or other unavoidable circumstances, or where the worker intentionally interferes with it or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.

1. As to D, who had worked as the main station from May 13, 2017 at the above workplace, Defendant 2 dismissed from the above workplace without the notice that it would be a mobile phone of May 29, 2017, and that it would be a monthly pay of KRW 3,800,000 of the pre-determination allowance for dismissal without the notice that “it would be only a day to day,” and that it would be a head of a Tong. Therefore, it does not immediately pay KRW 3,80,000 of the pre-determination allowance for dismissal;

2. As to E who worked as a main assistant from April 27, 2017 to the above workplace, the Defendant, at around 11:00 on May 15, 2017, shall be notified of the account number as a mobile phone, and the monthly wage shall be calculated and submitted only by calculating the monthly wage.

No one is required to pay 2,800,000 won in advance of dismissal without notice of dismissal to the effect that it is not necessary to do so from the date of the dismissal.

3. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays, annual paid leaves, etc. to the worker;

Nevertheless, the defendant did not enter into a written labor contract that specifies wages, etc. while employing D and E as above 1 and 2.

Summary of Evidence

1. Each legal statement of witness D, F, and E;

1. Statement made by the police of D;

1. Application of each written statement of dismissal, petition, and accusation statutes;

1. Unpaid legal provisions applicable to facts constituting an offense and the fact that advance notice of selective dismissal of punishment is not paid: Labor Standards Act;

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