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(영문) 수원지방법원 안산지원 2018.10.11 2018고단2145

근로기준법위반

Text

[Defendant A] The defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

1. Defendant A is an employer who has contracted work for KRW 165 million among the E church new construction works (hereinafter referred to as the “instant construction works”) from Company D and performed the said construction work, and where a worker dies or retires, he/she is paid wages, etc. within 14 days from the date of occurrence of the cause for such payment. However, even though he/she worked for the construction site of this case from March 20, 2017 to May 19, 2017 and retired from work for KRW 3.520,000 of the worker F’s wages and from April 10, 2017 to May 19, 2017, the Defendant did not pay KRW 250,000 for May 10, 201 and KRW 305,000 of the worker G who retired from work within 350,000 from May 10, 201 to May 19, 2017.

2. Defendant B, as the representative of D Co., Ltd., was a direct and direct supplier for the instant construction project to A, and even though he was jointly and severally liable with A, who is a sewage level, paid each wage to three workers, as described in paragraph 1, the Defendant did not pay it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to F;

1. A petition filed by the F, G, or H;

1. Application of Acts and subordinate statutes on sewage treatment for construction works;

1. A person who is subject to the pertinent provision of the Act on the Standards of Labor and the choice of punishment for a crime: Articles 109(1) and 36 of the Labor Standards Act; Defendant B who is subject to a fine: Articles 109(1) and 44-2 of the Labor Standards Act; and the choice of a fine;

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

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended: 500,000 won);

1. Defendant A: The Defendants’ grounds for sentencing of Article 334(1) of the Criminal Procedure Act reflects the wrongs; Defendant A did not have any history of punishment for the same kind of crime; and Defendant B did not have any history of punishment.