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(영문) 의정부지방법원 고양지원 2017.12.15 2017고정892
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of the company in Gwangju North-gu, who is a representative director of the company in charge of the dispute resolution in Gwangju-gu, and is a direct contractor who subcontracts to 730 won per meter for the coworking part to G without a construction business license while implementing the contract with the F apartment construction site in the Gyeonggi-gu, Chungcheongnam-si, and the apartment construction site in the Chungcheongnam-gu, Chungcheongnam-si.

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage constructor who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately upper-tier contractor shall be jointly and severally liable with the relevant sewage constructor to pay the wages to his/her workers

Nevertheless, the Defendant did not pay KRW 2,160,00 of H’s wage on July 1, 2016, which H used by G as a worker from February 19, 2016 to October 13, 2016 at the above construction site, and KRW 1,080,000 of wages on August 2016, and KRW 2,340,000 of wages on September 2, 2016, as well as KRW 7,020,000 of wages on October 1, 2016, including KRW 1,440,000 of wages on October 10, 2016, and KRW 39,180,000 of the total money and valuables in arrears of 19 employees employed by G, as indicated in the attached Form, within 14 days from each date of the occurrence of the grounds for payment without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with H and G (including each accompanying document);

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant provisions of the Acts concerning facts constituting a crime and Articles 109 (1) and 44-2 of the Labor Standards Act for the Selection of Punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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