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(영문) 서울북부지방법원 2019.05.31 2019고정171
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

Where a construction business is conducted on two or more occasions, a subcontract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction work") and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages (limited to wages generated from the construction works concerned) to workers he/she employs, an immediate upper tier contractor shall be jointly and severally liable with the subcontractor for the payment of wages

The defendant is the representative of the "B" and is a quasi-ranking contractor who subcontracts the field of molding construction to D, not a constructor registered under the Framework Act on the Construction Industry, at the construction site.

The Defendant did not pay the total of KRW 17,812,700 to 13 workers indicated in the attached list of crimes employed by D at the above construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Each police statement of E and F;

1. Each written petition of E, F, and 11 persons;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a construction subcontract agreement, a business registration certificate, a B-B construction registration certificate, and a copy of the registration plan;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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