근로기준법위반
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a user who runs a construction business under the trade name of Eunpyeong-gu Seoul Metropolitan Government “D”.
The Defendant, while carrying out the F Water Supply Project subcontracted from the Construction Co., Ltd. in Goyang-gu, Seoyang-gu, Yangyang-si, in collusion with the Defendant to have his partner G (which became final and conclusive upon receipt of a summary order of KRW 500,000 on August 25, 201) manage the body and supervise the site, and, from October 13, 201 to June 16, 2010, H’s wage of KRW 450,000 working at the above construction site and retired from office was not paid within 14 days from the date on which the cause for the payment occurred without agreement between the parties to the extension of the due date of payment, as shown in the attached list of crimes, and did not pay the total of KRW 1,850,000 for four workers as stated in the attached list of crimes, without agreement between the parties to the extension of the due date of payment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of a witness I;
1. Examination protocol of the suspect of G by the prosecution;
1. According to each of the above evidence, it was true that G agreed to pay wages and gave specific work instructions with employees, but the Defendant was awarded a subcontract for the instant construction work from Mad Co., Ltd., and managed and supervised the instant construction work at the construction site. However, as to the employment and wages of workers, specific work instructions were delegated to G, and the Defendant’s receipt of construction payment from Mad Co., Ltd. upon the discontinuance of the instant construction work, the Defendant was recognized as having received construction payment from Mad Co., Ltd., and thus, the Defendant is a business owner, who acts on behalf of Mad Co., Ltd. for employees, and both of Mad Co., Ltd constitutes an employer
1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 30 of the Criminal Act, and Article 109(1) and Article 30 of the Criminal Act, and the choice of fines.