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(영문) 춘천지방법원 2013.07.09 2012고단1254
근로기준법위반
Text

Defendant

A shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the bill of indictment of F Company F Company, which is a direct contractor, awarded a subcontract in KRW 905,850,000, in the site of the 7th stage improvement project in Gangwon-gun, Gangwon-do, 130,000, which is a party directly contractor, in the site of the 905,850,000. However, B is merely the representative director of F Company, and it is a F Company (hereinafter referred to as “F Company”) to subcontract the mold construction to the defendant. Therefore, this part is corrected ex officio.

From 230,000, among them, he/she is a full-time employer who engages in construction business by re-subcontracting in 230,000 won.

Defendant

A shall have served as a shot hole from February 22, 2012 to May 20, 2012 at the same construction site.

On May 21, 2012, wages of KRW 2,520,00 of the worker G retired from office on May 21, 2012 was not paid within 14 days from the date of occurrence of the cause for payment without any agreement between the parties on the extension of the due date for payment, as shown in the attached crime list, and did not pay KRW 56,825,000 in total for 21 workers within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Each legal statement of the witness H and B;

1. The suspect interrogation protocol of the police as to B;

1. Statement of the police statement related to G (including the H’s statement part);

1. A written petition filed by G and 21 persons;

1. Application of Acts and subordinate statutes concerning mutual fact certificates, business registration certificates, certified transcript of corporate register, standard subcontract agreement for construction works, light certificates, estimates, payment records of labor costs, and business information collection records;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to the relevant criminal facts and Articles 109 (1) and 36 of the Labor Standards Act;

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

1. Determination as to the assertion by the Defendant A and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. Defendant A, at the construction site of the gist of the argument, shall be the head of the F Company’s model co-ordination team or the head of the Working Group.

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