근로기준법위반
Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The Defendant is an employer as a personal constructor who has subcontracted the part of wooden construction without a construction business license at the site of new construction of electric power supply housing located in Gyeyang-gu Seoul Metropolitan City F with a subcontract of at least 30,500,000 won from H representative of G Company, Inc. and performed the wooden construction by using four full-time workers.
The Defendant did not pay 1,520,000 won of August 1, 2011 to employees I who worked at the said new construction site from June 16, 2011 to August 26, 2011, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to written complaint and petition;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. In the facts charged, the Defendant is an employer who is a personal constructor who subcontracted the part of wooden construction to KRW 30,500,000 from the representative H of G Co., Ltd. without obtaining a construction business license at the site of new construction of electric power supply housing located in Gyeyang-gu, Gyeyang-gu, Yangyang-gu and performed the wooden construction by using four regular workers.
The Defendant did not pay the wages of KRW 675,00 in August 15, 201 to Workers C who worked at the said new construction site from June 15, 201 to August 23, 2011, as wages of KRW 675,00 in August 16, 201, for Workers D who worked from June 16, 201 to August 26, 2011, and the wages of KRW 3,265,00 in total and August 20, 201, for Workers E who worked from June 15, 201 to October 19, 201 without agreement on extension of payment period between the parties concerned. < Amended by Act No. 10807, Jul. 9, 2011>
2. Determination is the case falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.
However, according to the trial and records of this case, C, D, and E are the case.