logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.08.21 2012고정3160
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Workers C, D, E, F, G, H, I, J, K, L, and M among the facts charged in the instant case.

Reasons

Punishment of the crime

From October 31, 2011, the Defendant has its head office in Jongno-gu Seoul Nbuilding, and is the user who runs the food manufacturing business by employing more than 10 full time workers as the representative of (ju)P with production factories in O in Kim Jong-si.

Where a business owner intends to dismiss workers, he/she shall give a prior notice at least 30 days prior to the dismissal, and where he/she fails to give a prior notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, on November 12, 2011, the Defendant dismissed C, who is an employee, and did not give an advance notice of dismissal 30 days at the above workplace, and did not pay KRW 1,579,700 as the advance notice of dismissal corresponding to the amount of ordinary wages for 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. The authentic statement of C;

1. Application of Acts and subordinate statutes (No. 671 of the Investigation Records No. 1), a investigation report (report on the payment of the advance notice allowance);

1. Article 110 (1) and Article 26 of the Labor Standards Act concerning criminal facts and Articles 110 (1) and 26 of the Act on the Selection of Punishment;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The dismissal of prosecution pursuant to Article 59(1) of the Criminal Act (i.e., the confession of the crime of this case, the violation against the defendant, the agreement with the victim, and the circumstance leading to the crime of this case) of the suspended sentence

1. The Defendant is working at a workplace as indicated in the instant facts charged from April 4, 201 to November 30, 2011.

The retirement C’s total amount of KRW 107,476,197, including wages and retirement allowances for 11 workers, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as shown in attached Table 2, including the wage of KRW 94,353 in April 201.

2. The facts charged in the instant case are cases in which a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and the record reveals that workers

arrow