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(영문) 의정부지방법원 2017.09.28 2017고정1646

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual manager of D(ju) located in Gangdong-gu Seoul Metropolitan Government building 201, and the Defendant is a contractor who re-subcontracts the parts of framed, steel reinforced concrete and wooden construction to G, who is not a construction license, with 11 full-time workers awarded a subcontract for the construction of the F Multi-household Housing located in Gyeonggi-gun E.

Where a construction business is carried out two or more times of contract, if the subcontractor fails to pay wages to his/her workers, the person directly responsible for the payment of wages shall be jointly and severally with the subcontractor and the subcontractor shall be jointly and severally liable for the wages of workers employed by the subcontractor.

From July 10, 2012 to August 1, 2012, the Defendant did not pay 10,450,000 won in total to 11 workers, as shown in the list of crimes in the attached Form, to 11 workers, who were employed by G, a sewage supplier, at the pertinent workplace, within 14 days from the date of retirement, without any extension agreement between the parties on the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. All the documents concerning the statement made by the prosecutor with H and G, a petition, a statement of the payment of daily labor expenses, a suspect examination protocol prepared by the police against the accused, and all the materials related to each construction;

1. Application of Acts and subordinate statutes to inquire about criminal investigation data;

1. Relevant Article of the Act on Criminal Facts, Articles 109 (1) and 44-2 of the Act on the Standards for Optional Labor, and Selection of fines for a crime;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the Defendant appears to have failed to pay the subcontract price due to the failure to receive the payment of the contract price from the owner; and (c) some of the circumstances that may be considered in light of the circumstances of the crime are recognized as

However, the defendant takes precedence over others.