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(영문) 서울서부지방법원 2016.11.11 2016고정943
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Seodaemun-gu Seoul Metropolitan Government C who employs four full-time workers and operates a private teaching institute for lifelong education or vocational training.

1. The Defendant dismissed workers D who worked from July 14, 2014 to August 31, 2015, and did not pay at least 30 days’ ordinary wages (1.480,000 won) without giving 30 days’ prior notice.

2. The Defendant did not pay KRW 2,045,170 of retirement pay to employees D, who worked from July 14, 2014 to August 31, 2015, within 14 days from the date of his/her retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a true statement;

1. Article 110 subparagraph 1 of the relevant Act and Article 110 of the Labor Standards Act, the main sentence of Article 26 of the Labor Standards Act (which does not receive an advance notice allowance for dismissal), Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Fine of 800,000 won to be suspended; and

4. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the inducement of a workhouse.

5. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., the fact that the defendant misleads the defendant, and the obligation to pay to the worker in civil cases is discharged in full by the decision substituting conciliation);

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