근로기준법위반
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
Punishment of the crime
Defendant
A is an individual constructor who has not registered a construction business and has employed 16 full-time workers and has carried out a framework construction work among the K extension works in a substantial area of the Sinju-si, and Defendant B is an employer who employs 6 full-time workers as a representative of the KM in Ansan-si Lin-si and engages in the construction business.
Defendant
B When executing the above extension work, Defendant A who did not register the construction business around August 30, 2013 is liable to pay the wages of workers employed by Defendant A who was the subcontractor by subcontracting the pelvis work to Defendant A who was the subcontractor.
From October 3, 2013 to November 30, 2013, the Defendants worked as a wooden hole at the above construction site, and did not pay 20,750,000 won in total for 10 workers’ N of retired Defendant A, as shown in [Attachment] Nos. 7 to 16, as well as 1,870,000 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.
Summary of Evidence
1. Defendants’ respective legal statements
1. The defendants' statements among the suspect interrogation protocol against the defendant A by the prosecution
1. Statement of the N in the police station;
1. A petition prepared by N and nine other than the one;
1. Application of statutes to the specifications of direct labor expenses, business registration certificate (Evidence No. 14), standard subcontract agreement for construction business (Evidence No. 15);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 109(1) and 36 of the Labor Standards Act;
(b) Defendant B: Articles 109(1) and 44-2 of the Labor Standards Act (Selection of Fine)
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)
1. Defendants of the provisional payment order: The amount and circumstance of the delayed payment of wages due to the sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendant A reflects the erroneous payment, and Defendant A once.