logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.24 2018고정1617
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

As the representative director of Songpa-gu Seoul Metropolitan Government building B and D Co., Ltd. (hereinafter referred to as "D"), the Defendant is an employer who ordinarily employs approximately 200 workers and executes electrical construction works with a contract for electrical construction from F at the construction site of E apartment at the time of harmony.

The Defendant had worked from April 14, 2018 to April 18, 2018 at the above construction site and had not paid KRW 455,000 on April 2018 within 14 days from the date of retirement without agreement between the parties on the extension of the due date. On April 14, 2018, the Defendant entered into an employment contract on the said G with the said G, and did not specify the wages in the employment contract.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Application of subcontract agreements, employment contracts, payment records of daily labor expenses, and written confirmation of transfer;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 subparag. 1 and Article 17 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); the selection of each fine on 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. According to each evidence duly adopted and investigated by this court under Article 334(1) of the Criminal Procedure Act, “D” operated by the Defendant grants the authority to conclude a labor contract with the daily workers at the instant construction site H on April 14, 2018. Workers G prepared the instant labor contract with the above H on April 14, 2018. ② The above G delivered the intention of resignation to the head of the construction team and the I agent, who is an employee at the construction site, on April 18, 2018, on the ground of conflict between the daily workers at the construction site and the employees at the construction site, and the above I agent reported that the above G retired from the work on the same day to H on the same day; ③ thereafter, I made a wage to G by May 2, 2018.

arrow