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(영문) 인천지방법원 2015.02.13 2014고정2448
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the D Company in the Nam-gu Incheon Metropolitan City, and is the user who conducts construction business using seven full-time workers who received 50,000,000 won from the Nonet System in the Incheon Gyeyang-gu.

The Defendant did not pay 1,985,000 won in total for five workers within 14 days from each retirement date, as shown in the attached crime list, as well as 1,105,000 won in November 13, 2012, working from November 13, 2012 to December 18, 2012, as well as 11,985,000 won in the attached list of crimes.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Each legal statement of witness F, G, H and I;

1. F’s authentic statement [The defendant and his defense counsel claim that H is the employer for workers indicated in the attached list of crimes. However, according to the evidence duly adopted and examined by this court, the defendant paid a certain amount per household (including the lowest floor) out of the above facility works around 2012, and re-subcontracts H to the highest floor work during the above construction work. He agreed to directly process the highest floor work, and from November 2012, he proceeded with the highest floor work, from around 90,00 won in the above facility work site prepared by the defendant, on November 5 and December 2012 (the evidence No. 3 provides that H’s daily day is 90,000 won in the evidence No. 20, around November 5, 2012, and around December 15, 2012, in light of the fact that H’s work was ordered and supervised by the defendant’s workers at least 10 days in the attached list or on December 15, 2012.

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