근로기준법위반
The defendant shall be innocent.
1. The summary of the facts charged is the employer who is the representative of the D Co., Ltd. located on the first floor of the building in Chungcheong City and engages in construction business by employing at least five full-time workers. While performing construction works on premises within the construction site in the third and second construction site in the E E located 1,90,000,000, the Defendant is a direct contractor who was awarded a subcontract for the said construction works to G to an individual constructor who has no construction license around January 22, 2014, without the contract amount of KRW 1,629,440,00.
Where a construction business is conducted on two or more occasions and 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 when the business is made a contract under subparagraph 11 of Article 2 of the same Act, the wages of the workers employed by the subcontractor shall be paid as an immediate upper contractor
Nevertheless, the Defendant did not pay the total of KRW 35,00,000 to H’s unpaid wages working as the head of the said site from January 24, 2014 to June 30, 2014, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.
2. The following circumstances acknowledged by the record of judgment, H did not know the site manager of the instant construction site, and H did not seem to have been staying at or near the construction site at the time of the instant construction site, and H did not seem to have actually provided labor at the instant construction site. Nevertheless, H’s assertion is too large, and H stated that the Defendant, other than G, directly employed the instant construction site. G, who received the instant subcontract from D, stated that the instant construction site was directly employed by H, and the Defendant and G, paid or received H’s benefits during the process of construction division and settlement.