임금채권보장법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a constructor who operates a “C” and employs daily workers under a subcontract for a part of a different work from a construction company, and operates the relevant part of the work together with it.
A substitute payment is a system under which the State makes a substitute payment on behalf of a retired worker without receiving wages, suspension allowances, or retirement allowances due to the bankruptcy, etc. of an enterprise to which the worker belongs, and no person shall receive a substitute payment by fraudulent or other unlawful means.
Nevertheless, although the defendant does not meet the above requirements for the payment of substitute payments such as the Deputy Management Director E, etc. of D Co., Ltd., the defendant conspireds to receive substitute payments from the State by pretending to meet such requirements.
On August 201, the Defendant submitted an application to pay a substitute payment to a labor inspector under the labor inspector’s name of the labor inspector belonging to the above labor office of the Seoul Western District Employment and Labor Office located in Mapo-gu Seoul Metropolitan Government (173), to the effect that “In Korea, as an employee affiliated with D Co., Ltd. who was unable to receive wages due to the company’s bankruptcy, the Defendant received a substitute payment of KRW 1,320,000 on September of the same year.
However, the Defendant did not meet the requirements to pay substitute payments on the ground that he did not have been in arrears due to the lack of wages in arrears from D as a personal constructor who handled the pertinent construction part under a subcontract for the said part of the other construction work.
After all, the Defendant, in collusion with the above E, unlawfully received substitute payment of KRW 1,320,000 from D Co., Ltd. on the ground that there was a recognition of the bankruptcy of the Korea Labor Agency.
In addition, the defendant, in collusion with the above E, etc. on September 201, the substitute payment is made in the name of the defendant who is a personal construction business operator and six workers belonging to the above C, such as the attached crime list.