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(영문) 부산지방법원 서부지원 2018.05.16 2018고정203
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 a local owner of D Co., Ltd. located in Busan Jung-gu, Jung-gu, Busan and a user who engages in transportation business using one worker at all times as a local owner of D Co., Ltd.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant: (a) dismissed an employee E who was employed on April 19, 2017 in the said workplace and works as a resort driver on the date of dismissal on or around August 12, 2017, and without prior notice, and (b) did not immediately pay KRW 3,500,000 equivalent to the amount of ordinary wages for 30 days with the advance notice payment for dismissal, while dismissing the said employee E by telephone around August 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

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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