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(영문) 서울서부지방법원 2017.10.27 2017고정745

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a manager of the Gangdong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and is a direct contractor who subcontracts a wooden construction work to F without a construction business license while performing a new construction project in Eunpyeong-gu E-gu Seoul Metropolitan Government.

Where a construction business has been executed two or more times under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry, if a sewage constructor who is not a constructor defined in subparagraph 5 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her employees, he/she shall be jointly and severally liable with a sewage constructor for the wages of his/her employees.

The Defendant did not pay KRW 7,770,000 for the total wages of six retired workers as shown in the attached crime list, including KRW 1,700,000,00, worked as a daily worker from October 6, 2016 to October 15, 2016, at the construction site where the F entered into a contract with the personal constructor F who is not a constructor and executed by F, and without agreement on the extension of the payment deadline between the parties, the Defendant did not pay KRW 7,770,000 for the total wages of six retired workers, as in the attached crime list.

Summary of Evidence

1. The defendant's legal statement (the legal statement at the second public trial date);

1. Each statement of G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to subcontract agreements and investigation reports (informating original contract records);

1. Article 109 (1) and Article 44-2 (1) of the Act on the Standards of Employment and the Selection of Fines concerning facts constituting an offense, and Articles 109 (1) and 44-2 (1) of the same Act

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