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(영문) 서울중앙지방법원 2014.12.30 2012고단6317

임금채권보장법위반

Text

A defendant shall be punished by imprisonment for one and half years.

Of the facts charged in the instant case, the sequence 2, 3, 4, 5, 7, 9, 10, 5, 10.

Reasons

Punishment of the crime

1. The defendant is an employer who operates the construction business by employing 40 full-time workers as the representative director of E (ju) located in Il-dong-dong-dong-dong-dong-dong-gu in Gyeonggi-do, even though he/she is not an employee under his/her jurisdiction;

A substitute payment may be claimed by an employee retired without receiving wages, suspension allowances, and retirement allowances due to the bankruptcy of the enterprise, and no person shall receive a substitute payment by fraudulent or other illegal means.

F (Attached No. 163) is an individual constructor who enters into a contract to supply labor to the above E field of construction and provides labor, and G (15), H (11), and I (50) is an employee belonging to the above J, etc.

F, etc. collected a copy of resident registration of G, H, and I, a new passbook, seal, and password and sent L and other E to the employees of the above E in connection with the application for a substitute payment.

Around June 2009, the Defendant ordered K, L, and M to obtain documents related to the application for substitute payment for the above N, etc. (a copy of the above resident registration, passbook, seal, and secret empty) from the above E, and ordered the above L to send the above documents to the labor officer belonging to the labor law firm of the above G, etc., despite the fact that the above F, etc. is an employee belonging to F, who is not an employee of E, who is not an employee of E.

Accordingly, L transferred to the labor law firm registry a false on-site overdue payment statement that L did not pay wages from November 2008 to February 2, 2009 to the above N et al., a worker of the above E.

On the 29th of the same month, P by the above labor law firm P by submitting the above false documents when making a substitute payment to the Gyeonggi Regional Labor Office after obtaining the above documents from L. The above false documents are submitted.

7.14. A substitute payment of KRW 7,200,000 is received from the above Goyang branch office to the F.