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(영문) 수원지방법원 2014.08.13 2014고정1298

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C is a user who has subcontracted the interior construction (Do) part of the construction site of the Gangnam-gu D apartment new construction site from the K-gu Seoul Metropolitan Government Steering Committee for the immediate contractor and performed the construction work by using two full-time workers, and the defendant is a direct contractor of the above C who is a representative director of the K-gu Seoul Songpa-gu Seoul Metropolitan Government F, using 20 full-time workers, awarded a subcontract for the interior construction work from the treatment construction of the K-gu apartment construction site and executed it.

Where a construction business is conducted on two or more occasions, a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, if the subcontractor fails to pay wages to his/her workers, he/she shall be paid wages to the subcontractor jointly and severally with the subcontractor.

Nevertheless, the Defendant, in the foregoing construction site, was a direct contractor C, who is not a constructor, at the immediately preceding construction site and worked between June 1, 2012 and July 15, 2012, paid KRW 435,000 as wages, and KRW 1,00,000 as wages on July 15, 2012 at the same site and KRW 360,000 as wages on June 15, 2012 at H’s work from May 15, 2012 to July 15, 2012 at the same site, and did not jointly pay KRW 3,090,000 as wages of two workers including wage 1,295,000 on July 1, 2012, and without agreement between the parties on the extension of the payment period, within 14 days from the retirement date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes to each authentic statement of G and H;

1. Relevant Articles 109(1) and 44-2 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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