근로기준법위반
Defendant shall be punished by a fine of KRW 1,000,000.
Where a defendant fails to pay a fine, 50,000 won shall be one day.
Punishment of the crime
The Defendant, as the representative director of the D Co., Ltd. (hereinafter referred to as “D”) located in Dong-gu, Nam-gu, Seoul (hereinafter referred to as “D”), was engaged in the production and installation of the 3 track beam lines of Daegu Urban Railroad with 65 full-time workers in Seo-gu, Seo-gu.
The Defendant, while working at the above construction site on July 4, 2012, did not pay KRW 3,99,975 to the worker F retired from office on December 26, 2012 and KRW 3,941,028 to the worker G retired from office on December 26, 2012 within 14 days from the date of his/her retirement without any agreement on extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F, G and H;
1. A witness I and each part of the court's each legal statement;
1. Comprehensively taking into account the above evidence duly adopted and examined by G and F’s employment contract and the record of payment of labor cost, and the following circumstances, the first defendant should be deemed as the employer of the worker, and the second weekly holiday allowance is not a comprehensive wage system included in the daily wage.
Above all, the contracting parties stated in the employment contract are D.
In addition, according to the I's testimony involved in the preparation of the labor contract, I was aware that the contracting party stated in the contract is D or is to be a stock company. It is recognized that I shared such awareness with several other employees of D, so it is difficult to see that it is a meaningful practice.
There is no circumstance that it is a false conspiracy or a false indication.
D The purpose of this case is to avoid the regulation of the Subcontract Act. D, as such, has been written as the employer and has been favorable to this, and it is not legitimate to deny the part of the labor contract in order to avoid the responsibility under the Labor Standards Act.
Comprehensive wage arrangement.