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(영문) 대구지방법원 2015.03.27 2014고정2123
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 Cheongbuk-do Cheongbuk-gun C, and is a business owner who runs a construction business using 20 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 was dismissed on April 6, 2013, and did not immediately pay KRW 2,300,000 of ordinary wages for 30 days even though he did not give 30 days advance notice while dismissing E who was employed on April 30, 201 and worked as the head of a direct business group.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the third protocol of the trial;

1. Application of Acts and subordinate statutes to the protocol of examination of witness to the F;

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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