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(영문) 인천지방법원 2013.06.28 2011고정4175
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of C Co., Ltd., a registered company of the construction business, was awarded a contract for the construction of the Incheon Gyeyang-gu building from D, and F, as an individual constructor, was awarded a subcontract for the pelto construction work from the Defendant, and then granted a sub-subcontract to G, an individual constructor, to re-subcontract the pelto work from June 3, 2010, but G had it do so. However, G used the same year.

7.2. When the construction has been suspended, the same year;

7. From around 15.15, he directly performed the structural construction work.

Where a construction business is subcontracted two or more times and a subcontractor who is not a registered constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable to pay the wages of workers employed by the subcontractor jointly and severally with the subcontractor, and where the immediate upper tier contractor is not a registered constructor, the constructor who is at the lowest from among the upper tier contractors shall be liable to the immediate upper

The defendant from June 3, 2010 to the above construction site for the same year.

9. Until January 1, 200, total amount of KRW 6,000,00, including wages for June 2010 employed by the subcontractor F and G, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, and the total amount of KRW 76,455,000 for the wages in arrears of 29 workers as shown in the attached list of crimes committed in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. The statements of witnesses H and I in the fourth trial records;

1. Application of the respective police protocol protocol to I, J, F, G, H, K, L, M, and N

1. Articles 109(1), 44-2(1) and (2), and 36 of the Labor Standards Act concerning criminal facts; the choice of fines;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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