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(영문) 춘천지방법원 2013.04.11 2012고정517

근로기준법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

C On June 1, 201, 201, after being awarded a subcontract for the above painting construction work from E Co., Ltd. without a construction business license for KRW 156,94,800, and employing 40 full-time workers from Jun. 2, 201 to Oct. 10, 201, the employer who is an individual constructor, who is a representative director of E Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government F, employs 10 full-time workers, and the Defendant is a subcontractor who is a subcontractor who is a subcontractor for the above painting repair and re-design construction work for the above apartment with a contract for 260,000,000 won from the council of occupants’ representatives.

Where a construction business is subcontracted two or more times, if a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate upper contractor shall be jointly and severally liable for the wages of workers employed by the subcontractor.

Nevertheless, the Defendant, who was employed by the subcontractor from May 9, 201 to October 10, 201 at the site of the above D apartment painting construction work, did not pay KRW 1,650,000 as wages on August 8, 201 of G retired, and KRW 1,275,000 as wages on September 9, 201; KRW 3,675,000 as wages on October 10, 201; and KRW 3,675,000 as wages; and KRW 1,50,000 as wages from June 15, 201 to October 10, 201; KRW 1,50,000 as wages from September 1, 200; and KRW 1,60,000 as wages from September 1, 20, 201; and KRW 750,040,050 for each party’s payment without agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of C;

1. Application of the respective Acts and subordinate statutes of G and H

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) (50,000 won per day) of the Criminal Act for the detention of a workhouse.