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(영문) 서울북부지방법원 2019.01.25 2018고정1573

근로기준법위반

Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the corporation B, who is awarded a contract for the new construction of D collective housing with the Seoul Special Metropolitan City Development Bank Co., Ltd., and awarded a subcontract to E for the relevant work.

Where a construction business is executed by two or more contracts for construction work and a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

The Defendant did not pay the amount of KRW 750,00,00 of the F’s wages, which he retired while working at the above construction site from August 30, 2017 to September 25, 2017, within 14 days from the date of retirement, and did not pay the amount of KRW 19,060,000 for six workers, as described in the attached crime list, within 14 days from the date of retirement, even though there was no obligation to pay the said wages jointly and severally with E, as described in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Each police statement to G and E;

1. Written complaints and personal registers of F and G;

1. Application of Acts and subordinate statutes to the current status of individual food, construction contract, business registration certificate, and full certificate of registered matters;

1. Articles 109(1) and 44-2(1) of the Labor Standards Act and selection of fines concerning facts constituting an offense;

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) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;