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(영문) 부산지방법원 2017.01.25 2016고정3927

근로기준법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who runs a construction business using eight full-time employees of the representative interest of C Co., Ltd. in the 6th floor of Busan Metropolitan Government B building, and is a contractor who subcontracts the structural part of the C Co., Ltd. to E who was awarded a contract for the construction work at the construction site of the Busan Metropolitan City D Building, which was ordered by the C Co., Ltd.

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately upper-tier supplier shall be jointly and severally with a sewage supplier to pay the wages to his/her workers employed by

The subcontractor E was unable to pay the amount of KRW 4,725,00, total of KRW 4,575,000, total of KRW 14,175,000 for retired workers who worked at the same construction site for the same period from December 9, 2014 to January 14, 2015, as well as KRW 3,775,00 for retired workers who worked at the same construction site for the same period, and the amount of KRW 4,725,00 for workers H who were employed at the same construction site for the same period, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties. The Defendant, who is a direct recipient, is jointly and severally liable for the payment of the unpaid wage to the three above retired workers, but did not pay it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A president of the F;

1. Standard subcontract agreement for construction works;

1. Copy of the passbook, inquiry of transaction details, and each payment note;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

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 (2) of the Criminal Act to attract a workhouse.