근로기준법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative director of the D&C in Seocho-gu Seoul Metropolitan Government, the head office of which is located.
In July 2013, the company contracted the interior construction work from Hyundai Construction Co., Ltd. to F who engages in construction business without a construction business license.
When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
On the other hand, where a construction business has been subcontracted two or more occasions, if a subcontractor who is not a constructor under the Framework Act on the Construction Industry fails to pay workers wages arising from the construction works he/she employs, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor.
F has employed approximately seven full-time workers and carried out the above wall construction, but the F did not pay “G wage of 19.40,000 won” from January 2, 2014 to February 6, 2014 at the above construction site, as stated in the attached money and valuables in arrears, as stated in the attached Form, “H wage of 2.780,000 won, I’s wage of 2.810,000 won, J’s wage of 4.920,00 won, “K’s wage of 1,935,000 won,” and “L wage of 5.95,000,000 won,” respectively, within 14 days from the termination of the pertinent labor contract relationship.
If so, the Defendant, as a contractor of F, who is not a constructor under the Framework Act on the Construction Industry, was jointly and severally liable with F to pay each of the above workers, but did not comply with it.
Summary of Evidence
1. Partial statement made by the defendant in this Court;
1. Entry of each protocol of examination of suspect regarding F prepared by the special judicial police officer in part;
1. Statement of statement on L prepared by the special judicial police officer;
1. Entry of each written statement of G prepared by the special judicial police officer in part;
1. The Special Judicial Police Officers.