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(영문) 의정부지방법원 2015.01.22 2014고정1329

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

As the representative director of C&C corporation, the Defendant is a direct superior contractor who has subcontracted in KRW 35,00,000 to D the construction site of E’s New Construction Site at Namyang-si.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediate preceding contractor shall be liable for the wages jointly and severally with the subcontractor.

The Defendant did not pay the subcontract price of KRW 10.5 million to D, and the four workers, such as F, who worked at the above construction site, were not paid wages from D as shown in the attached list.

Summary of Evidence

1. Each legal statement of G and D;

1. A protocol concerning suspect examination of D;

1. Application of the Acts and subordinate statutes of H, I, F, and J respective petitions and written statements;

1. Articles 109 (1) and 44 of the Labor Standards Act concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;