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(영문) 대구지방법원 2020.04.21 2019고정878
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not impede the defendant's exercise of his/her right to defense, part of the facts charged is revised. From April 5, 2019 to April 7, 2019, the defendant works for tree trees at the construction site of a new housing building in Daegu-gu building B.

The retired Co., Ltd’s wages of KRW 637,50 and the same period work at the same D, E’s wages of KRW 488,750, respectively, did not pay KRW 1,615,000 for the total amount of three workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Application of each record document (C and 2), police statement of C, accusation (C and 2), confirmation of facts, including telephone, etc., protocol of suspect examination of the accused by the prosecution (C) and each record record law to the accused;

1. Relevant Articles 109(1) and 36 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;

1. The Defendant asserts that the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, is the employee of F Co., Ltd., who is merely the field director of the instant construction site, and does not constitute “employer” who bears the obligation to liquidate money pursuant to Article 36 of the Labor Standards Act, and ② even if it falls under the case,

The term "employer" under the Labor Standards Act means an employer, or a person in charge of business management, or a person who acts on behalf of an employer with respect to matters concerning workers.

(Article 2 subparag. 2 of the Labor Standards Act). According to the evidence duly adopted and examined by the court, the Defendant, as a field director at the instant site, issued a construction supervision and labor order through D and E-do C, with the introduction of the Defendant at the instant site.

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