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(영문) 수원지방법원 2019.08.23 2018고단5935 (1)
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

B is a person who runs a construction business with the trade name of building E in Suwon-gu, Suwon-si, Suwon-si, and is a person who re-subcontracts the part of the installation and dismantling work from the defendant at the site of the F new construction work in king-si.

The defendant is the representative director of H with the second floor G, who has been awarded a subcontract for the non-building and dismantling construction work at the above-mentioned F New Construction Construction Site and awarded a sub-subcontract to B.

The Defendant did not pay the contract amount to B, who is the subcontractor, within the contract payment date specified in the contract without justifiable grounds, and caused B to pay the total of KRW 75,000,000 to five workers as shown in the attached crime list, without any agreement on extension of the payment date between the parties concerned, within 14 days from the date of retirement.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Protocol of replacement of the police with J, B, and K;

1. A written petition;

1. Fact-finding certificates;

1. Written consent to the subcontract consideration;

1. Materials delivery contract;

1. Application of Acts and subordinate statutes to details of overdue money and valuables;

1. Relevant Articles 109(1) and 44 of the Labor Standards Act and the choice of fines for criminal facts;

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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