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(영문) 대전지방법원 홍성지원 2018.10.31 2017고단439 (1)

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

(2017 Highest 909) C is the actual manager of F Co., Ltd., Ltd., located in Northern Building E in Seoan-gu, Seoan-gu, Seocheon-si, and is the employer who employs workers from the construction site. The Defendant is the actual manager of H and J, Inc., Ltd., located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant is the direct contractor who subcontracted the steel-related concrete works to C in relation to the new construction site of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor referred to in subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediately upper demand and supplyer shall be jointly and severally with a sewage supplier to pay wages to his/her workers employed by a sewage supplier.

Nevertheless, the Defendant, as an immediate superior contractor who entered into a subcontract to C who is not a constructor under Article 2 subparagraph 7 of the same Act, was working at the above construction site from September 13, 2016 to October 11, 201 of the same year, and, as indicated in L’s wage of KRW 2,210,000, the Defendant did not pay 36,907,000 for total wages of KRW 32 employees within 14 days from the date of retirement without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Each petition of M, N,O, P, C, L, and Q;

1. The details of the arrears of each individual (K newly built site), the details of the arrears of each individual (No. 19 on the construction site of the R building), and the details of the arrears of each individual (No.

1. Two copies of a subcontract agreement (A submitted);

1. Application of Acts and subordinate statutes on inquiry data about registered construction business;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Selection of each of the selective fines for punishment (in opposition to the nature of a sentence, and the original “fact that C is not a registered constructor” was finally recognized

It is difficult to conclude it, and it is reasonable to C.