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(영문) 광주지방법원 2018.09.21 2018고정198

근로기준법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the representative director of the corporation B, is a user who runs a construction business using 7 full-time workers, and C is a personal constructor who is awarded a subcontract from B for a different construction work among D apartment construction works in the former North Jeju-gun, by using 12 full-time workers.

B was awarded a subcontract from E Co., Ltd. for damp-type construction among the above D apartment construction works, such as a shot, sculpture, waterproof, and a shot-type construction work, and B subcontracted the shot-type construction work among the above D apartment construction work to C, not a constructor under the Framework Act on Construction Industry.

Where a construction business has been contracted for two or more occasions under the Framework Act on the Construction Industry, and a sewage supplier who is not a constructor defined in the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper demand and supply worker shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.

Nevertheless, the Defendant retired from office from office from October 13, 2016 to December 12, 2011 of the same year, and did not pay KRW 3,480,000 to workers F employed by subcontractor C, and did not pay KRW 20,570,000 in total amount of wages of four workers within 14 days from the date on which the cause for payment occurred, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made with respect to G and H;

1. Details of confirmation of each telephone, etc. (I);

1. A report on the acquisition of investigation data was made by the Defendant: (a) the subcontract between the Defendant, B (hereinafter “B”), and E Co., Ltd. (hereinafter “E”) was terminated on October 10, 2016; and (b) the subcontract between E ( or E Co., Ltd.) and C were to perform the other construction work by concluding a direct oral contract between E ( or E’s subsidiaries) and C; and (c) therefore, (d) B becomes a member of E after October 10, 2016 when the subcontract was terminated between E.