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(영문) 수원지방법원 2013.05.02 2012고정3580 (1)
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Where a construction business is conducted on two or more occasions, and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall be jointly and severally liable to pay the wages

around July 2009, the Defendant, who operated C Co., Ltd., was awarded a contract for the protocol, waterproof, waterproof, aesthetic, and stone construction sector in Young-gun, Gangwon-do to KRW 1.7 billion for construction cost, and then awarded a subcontract for construction cost of KRW 408,981,010 for a personal construction business operator who is not a constructor under the Framework Act on the Construction Industry to F.

F From October 27, 2009 to December 1 of the same year, F shall be from October 27, 2009 to the first patrol officer, and from March 201 to the first patrol officer.

4. Until May 2, 200, he/she used five workers at the above new E-construction site and G, etc. to perform landscaping. However, he/she did not pay the said G the total of KRW 130,00 for November 1, 200, KRW 780,00 for December 2, 2009, KRW 260,00 for wages of March 2, 2010, KRW 650,00 for wages of KRW 650,00 for April 6, 200, KRW 60 for 1,560,000 for wages of KRW 1,60,00 for 60, KRW 200 for 6.30,000 for total of KRW 130,00 for wages of KRW 130,00 for April 130, 200, KRW 200 for 30,000 for wage of KRW 200.

Accordingly, the defendant is jointly and severally with the above F, a subcontractor who is not a constructor, to extend the payment period between the parties.

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