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(영문) 서울북부지방법원 2019.11.22 2019고정1124

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, as the actual representative of C Co., Ltd. located in Gwangjin-gu Seoul Special Metropolitan City, is a direct contractor who subcontracts part of the interior interior interior interior interior interior interior interior interior interior of DD building in the original city to E on February 1, 2018 for construction cost of KRW 100 million.

Where a project is executed based on several subcontractings and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor.

E did not pay the total of KRW 2,50,000 per day, including the sum of KRW 2,50,000 per day of April 2018 from February 20, 2018 to May 10, 2018 and KRW 960,510,000 per day of May 2018, and did not pay KRW 18,640,000 for the total of wages of 13 workers within 14 days from the date of the occurrence of the cause for payment without agreement on the extension of the due date between the parties as shown in the attached list of crimes.

As above, the Defendant was unable to pay wages of 13 workers as above due to reasons attributable to which construction cost, etc. is not paid to E, a subcontractor.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the police statement of E;

1. A statement prepared by the F;

1. Each report on the delayed payment of wages made in G, H and I;

1. The document prepared by the F and the document prepared by the petitioner;

1. Materials printed out in detail of the workplace of employment insurance;

1. A service contract for the 4th floor J Center of a D building;

1. Business registration certificate (K, C), and full certificate of registered matters (K);

1. Electronic tax invoices (K);

1. A letter of guarantee of payment of overdue wages and a letter of performance;

1. Application of Acts and subordinate statutes to the full statement of arrears, the calendar report, and the calendar calendar report on writing;

1. Article 109(1) and Article 44(1) of the Labor Standards Act and Articles 109(1) and 44(1) of the same Act concerning criminal facts;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;