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(영문) 창원지방법원 진주지원 2014.01.23 2013고정795
근로기준법위반
Text

Defendant

B The Defendant A shall be punished by a fine of KRW 2,000,000, and a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B A is an individual construction business operator who resides in Jinju-si and engages in construction business with four full-time workers without a specific trade name. Defendant A is a direct contractor who subcontracts reinforced concrete construction work and creative construction work to Defendant B among the second floor construction work of building buildings on B and 1 lots of land in Jinyang-si as the representative of E Co., Ltd. located in Jinju-si.

1. The defendant B was at the construction site above and from May 1, 2012 to the same year

8. In addition to the description of the wage of 4,115,00 won, etc. for June 2012 of G workers employed by the end of 17th, 4,485,00 won for the aggregate of 8,485,00 won for each worker as well as 4,115,00 won for each worker’s wages for each worker until June 14 days from the date of each individual’s retirement without an agreement between the parties to the extension of the due date of payment.

2. Where a construction business has been contracted on two or more occasions under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor fails to pay wages to workers employed by the subcontractor pursuant to subparagraph 5 of Article 2 of the same Act, Defendant A, a subcontractor who is not a constructor, is a subcontractor and a subcontractor, shall pay wages to workers employed by the subcontractor jointly with the subcontractor. However, Defendant B, a subcontractor who is not the constructor, is the same year from May 1, 20

8. A worker G employed until June 17, 201 as well as 4,115,00 won, such as 4,10,000 won for June 6, 2012, and 8,485,000 won for the total amount of wages of 4,15,000 won for each worker as stated in the detailed statement of wages in arrears for each individual.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. Details of work records; and

1. The standard contract for each private construction project;

1. Application of Acts and subordinate statutes governing work days;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant B: Articles 109(1) and 36 of the Labor Standards Act (Determination of a fine for negligence);

B. Defendant A: Articles 109(1) and 44-2 of the Labor Standards Act.

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