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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2782
근로기준법위반등
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, the settlement of money and valuables is not made.

Reasons

Punishment of the crime

The defendant is a user who runs a software development business using 13 full-time workers as a representative director of the building B in Seongbuk-gu, Sungnam-si, and D Co., Ltd. in subparagraph C.

When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and when he/she fails to give such advance notice 30 days prior to such dismissal, he/she shall pay the ordinary wages of thirty days.

Nevertheless, the Defendant was dismissed on September 20, 2018, and paid 13,418,710 won in total for 30 days’ ordinary wages on the date of dismissal, such as E, working from August 16, 2016 to E, and as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to E and five petitions;

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); the choice of fines for criminal facts;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da15488, Apr. 1, 201).

1. The summary of the facts charged in this part of the charges (violation of the Labor Standards Act due to the failure to liquidate money and valuables, and violation of the Guarantee of Workers' Retirement Benefits Act) is an employer who runs software development business using 13 full-time workers as the building of the branch of Sungnam-si and the D representative director of the corporation in subparagraph C.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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