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(영문) 서울남부지방법원 2014.05.14 2013고단3753
근로기준법위반
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual user who operates a comprehensive construction business by employing six full-time workers in D Co., Ltd., which has 804 U.S. Seoul Building 804 in Bupyeong-si.

The Defendant: (a) subcontracted the construction of the Guro-gu Seoul Metropolitan E-type Urban Housing Construction from Go Young Construction Co., Ltd. to re-subcontract it to F Co., Ltd.; (b) took over the above construction site from F Co., Ltd. around May 2012 and directly managed it; (c) however, (d) wages (part or part of workers, June, 201, June, 201, and KRW 3,810,695 of G workers’ wages, who worked in the above workplace, as described in the attached list of crimes, against 29 workers, including KRW 3,810,695, working in the above workplace, as described in the attached list of crimes, were not paid within 14 days from the date of each retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the witness H in the court;

1. Part concerning the statement of the defendant in H and I among the protocol of interrogation of suspect against the defendant

1. Each prosecutor's statement to G and J;

1. Each statement and written petition;

1. Wages, details of the delayed payment of wages, and retirement of the employee;

1. A construction subcontract agreement;

1. Application of the aforementioned Acts and subordinate statutes to the construction work day;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. It is so decided as per Disposition on the ground that Article 62(1) of the Criminal Act provides that the crime of this case is committed in the absence of the same criminal records as the suspended sentence, although the crime of this case is denied, there is room for normal participation in the dispute over the employer as the crime of this case occurred in the subcontract relationship, and the unpaid amount, etc.

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