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(영문) 대구지방법원 안동지원 2018.04.13 2017고단512

근로기준법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

I is an employer who engages in construction business without registration of construction business using 28 full-time workers after obtaining a subcontract for a molding construction work from Defendant A at the site of the new construction work in Ansan-si, Ansan-si, and the defendant A is a representative of L corporation and is a direct contractor who subcontracts the molding construction work to the above I.

Where a construction business is carried out two or more times, and a constructor fails to pay wages to workers employed by a subcontractor who is not a constructor, the immediate upper-tier supplier shall be jointly and severally liable with the sewage supplier for the wages of workers employed by the sewage supplier.

The Defendant’s sewage level I, from October 6, 2016 to November 3, 201 of the same year, did not pay 22,920,000 won, including 5,00,000 won of retired workers’ wages, within 14 days from the date of retirement, without any agreement on the extension of payment deadline, as stated in the attached list of crimes, including Ma, N,O, P, Q, and R.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Each police statement made against M or D;

1. Arrangement of working days, subcontract contracts for construction works, and application of statutes on construction business registration certificates;

1. Article 109 (1) and Article 44-2 (1) of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, Articles 109 (1) and 44-2 (1) of the same Act, and the selection of fines

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

The responsibility for the payment of wages is first to the I who directly employs the worker, and the defendant is jointly and severally liable as the representative of the worker.