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(영문) 대전지방법원 2018.09.06 2018고정585
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the president of the medical corporation C hospital located in Seo-gu Daejeon, is a user who runs a hospital business with 50 regular workers.

When an employer intends to dismiss a worker, he/she shall make a pre-announcement at least 30 days, and when he/she fails to make a pre-announcement at least 30 days, he/she shall pay the ordinary wages for not less than 30 days.

Nevertheless, on May 8, 2017, the defendant employed the office worker as the office worker in the above workplace and employed the office worker as of December 8, 2017, and employed the office worker as of March 9, 2017 after entering the office worker as of December 8, 2017, and employed the office worker as of March 9, 2017, and on December 8, 2017, the petitioner who retired from office was dismissed on December 8, 2017 without prior notice, and did not pay KRW 1,52,800 of the ordinary wage for 30 days on the date of dismissal, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes of each petition and statement protocol (D, E);

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (Amended by Act No. 15513, Mar. 20, 2018) regarding criminal facts; the determination of a fine for negligence, as to the payment of pre-employment allowances;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for aggravation of Article 334(1) of the Criminal Procedure Act: The payment of the advance payment of the dismissal notice, which was made on the recommendation of resignation or neglect of duty, shall be unpaid. The absence of justifiable grounds; there is an appeal for managerial difficulties;

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