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(영문) 대구지방법원 영덕지원 2016.06.15 2015고정9

근로기준법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Without a construction license, at least ten full-time workers engaged in construction business (refinite concrete business) by using at least 10 persons in the H-type H-type H-type G H-type H-type G H-type G H-type, and Defendant B, as the representative director of the J (hereinafter “J”) located in Chungcheongnam-gun I-gun, Chungcheongnam-gun, K Co., Ltd. (hereinafter “K”), was awarded a contract with K Co., Ltd. (hereinafter “K”), and said contract is a quasi-exclusive contractor for the Defendant who did not obtain a construction license.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, and when the construction business provides two or more contracts for work in a construction business, if the constructor who does not carry on the construction business fails to pay the wages to the worker he/she employs after having registered pursuant to Acts, the employer shall be jointly and severally liable for the payment of the wages to the worker who is employed by the subcontractor.

Nevertheless, the Defendants did not pay KRW 3,520,00 of L/L retired from January 28, 2014 at the construction site of this case on December 12, 2013, and around that time, the Defendants did not pay KRW 80,815,000 for total wages of KRW 62 retired workers indicated in the list of crimes in the attached Table of the crime committed around that time, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without the agreement between the parties to the extension of payment

Summary of Evidence

Defendant

A’s legal statement of Defendant B, witness A of some of the legal statements of Defendant B, and Defendant B of M’s written statement of the police on L of the suspect interrogation protocol for the prosecution, (A) reporting the criminal facts, (B) reporting the criminal facts, the source of confirmation of the incident, the seal impression certificate, the certified copy of the corporate registry, the unpaid wage details, the labor cost ledger for December 2013, the labor cost ledger for January 2014, and the labor cost ledger, estimates, and wage payment details for Defendant B;