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(영문) 수원지방법원 여주지원 2019.09.06 2018고정598
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 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 a direct contractor who has contracted the repair work at the construction site of new multi-household new construction site in Yan-gun, Chungcheongnam-gun, Chungcheongnam-si, Sungnam-si, the building J, L's representative director in K, and M.

Where a subcontractor who is not a constructor fails to pay wages to his/her employees, the immediately preceding contractor and the subcontractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor, and the defendant did not pay wages of 440,000 won of the employee's wages employed at the above construction site from December 8, 2017 to December 16, 2017 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of F, D, E, C, B, I, G, H, andO;

1. Photographs (the site of this project);

1. A P statement;

1. A statement of bank transactions;

1. Application of Acts and subordinate statutes;

1. Articles 109 (1) and 44-2 (1) of the Labor Standards Act concerning criminal facts;

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

1. In full view of all the sentencing conditions under Article 51 of the Criminal Act, including the following: (a) the time limit for sentencing under Article 62(1) of the Criminal Act; (b) the amount of overdue wages; (c) the amount of overdue wages paid as substitute payments; and (d) the Defendant’s age, character and conduct; and

Public Prosecution Rejection Parts

1. Where a subcontractor who is not a constructor in the facts charged fails to pay wages to his/her employees, the immediate upper-tier contractor is jointly and severally liable for the payment of wages to his/her employees, and the Defendant is liable for the payment of wages to his/her employees from the construction site of the above crime to December 16, 2017, including KRW 1.720,000 to December 17, 2017, as well as KRW 8.522,000,000,000,000 won of wages of 8 employees (excluding employees’O) as stated in the details of the money and valuables in arrears in the attached Form.

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