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(영문) 광주지방법원 2019.03.07 2018고정1206
근로기준법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the Seo-gu Dispute Resolution Co., Ltd. in Gwangju, and the private constructor F who did not register a construction business license while executing a new construction project by entering into a contract with D and entering into a contract with D, shall be the immediate contractor who subcontracted the construction project during the construction project.

Where a construction business is carried out 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 workers employed by the subcontractor, if the construction business is carried out through a contract under subparagraph 11 of Article 2 of the same Act, an immediate upper tier contractor shall be liable to pay wages to workers employed by

Nevertheless, the Defendant did not pay 6.5 million won, sum of wages of 2.5 million won on October 2017, 2017, and wages of 4.5 million won on November 2017, 2017, within 14 days from the date of retirement without agreement between the parties on extension of the due date for payment.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement concerning G;

1. Agreement on partial performance participation by the representative of piece rates (j) and contract agreement on private construction works;

1. Application of statutes on permits to use explosives, permits to take over explosives;

1. Article 109 (1) and Article 44-2 (1) of the Labor Standards Act concerning criminal facts, the choice of fines, and the selection of fines;

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;

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