logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2013.07.24 2013고단50
근로기준법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of the (State) C in Thai City, is a user who carries on construction business with five full-time workers, and the construction work of the E Elementary School Multi-Purpose Factory in D at the original city, was subcontracted to F who is not a constructor on June 2012, and thus, the Defendant is jointly and severally liable with F to pay wages to the employees employed by F.

From August 1, 2012 to October 10, 2012, the Defendant: (a) paid KRW 5,850,000,000 to workers G employed by F for the construction of a multi-purpose room at the above E Elementary School from August 1, 2012 to October 10, 2012; (b) did not pay the total of KRW 53,445,00 for the total of 14 persons as shown in the attached list of crimes (1) within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

From August 10, 2012 to August 11, 2012, the Defendant of “2013 High Class 299” did not pay KRW 280,000 of the wages of Ha employed by F to newly build the said E Elementary School Multi-Purpose Office within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and did not pay KRW 16,690,000 for the total of 10 persons as shown in the attached Table of Crimes List (2) within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

"2013 Highest 50"

1. Each legal statement of the defendant and F;

1. Each police statement made to I, J and G;

1. Each written petition;

1. The construction contract agreement and the detailed statement of labor expenses "2013 Highest 299";

1. Defendant's legal statement;

1. Each police statement made to K, J, and F;

1. A petition, etc.;

1. Application of Acts and subordinate statutes on payment records of daily labor expenses;

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

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

arrow