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(영문) 부산지방법원 2013.04.10 2012고정6007
근로기준법위반
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The defendant, as the representative director of Busan Geum-gu, Busan, is a direct contractor who entered into a contract with approximately KRW 2,387,000,000 for the construction project and for the construction project, and entered into a contract with approximately 2,387,00,000 for the construction project, and entered into a subcontract with KRW 85,00,000 for the construction project.

Where a construction business is conducted on two or more occasions and a subcontractor under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to workers employed by the subcontractor who is not a constructor under subparagraph 5 of Article 2 of the Framework Act on the Construction Industry, the immediately preceding contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor.

Nevertheless, the Defendant did not pay the total amount of KRW 8,480,00,000, which is 14 days after the date of his retirement, without agreement between the parties to the extension of the due date for payment, to the employees F, G, H, I, J, and K employed by E.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 44-2 of the Labor Standards Act concerning facts constituting an offense;

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

1. A fine of 1.5 million won to be suspended;

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

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (see Article 59 (1) of the Criminal Act);

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