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(영문) 수원지방법원 안양지원 2011.12.06 2011고정551
근로기준법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Where construction works are subcontracted, subcontracted, etc. on two or more occasions, if a subcontractor who is not a constructor prescribed in subparagraph 5 of Article 2 of the former Framework Act on the Construction Industry (Amended by Act No. 10719, May 24, 201) fails to pay wages to his/her workers, the immediately preceding contractor shall pay wages to workers employed by the subcontractor jointly with the subcontractor.

The defendant operated D Co., Ltd., Ltd., and D subcontracted the construction of reinforced concrete to F, not the constructor prescribed in the above provision, among the construction of the traditional craft construction site and the construction of health experience site located in the former, North Korea-U.S. E-Gun.

F In the above construction site from November 3, 2009 to August 6, 2010, the F did not pay the total of KRW 1,020,000 for the wages of KRW 540,000 for July 2010 as well as KRW 1,020,00 for the wages of KRW 480,00 for August, and the wages of KRW 160,54,00 for each worker as shown in the attached Table of Crimes.

The Defendant, as a direct and superior contractor of F, was under a joint and several obligation to pay wages to the above workers employed by F, but did not pay wages within 14 days after retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Legal statement of witness F;

2. Each police interrogation protocol on the accused and F;

3. Application of the respective Acts and subordinate statutes of G and H

1. Article 109(1) and Article 44-2(1) of the former Labor Standards Act (amended by Act No. 10719, May 24, 201) (amended by Act No. 10719, May 24, 201);

2. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes with Respect to I who is the largest offense)

3. The Criminal Act to attract a workhouse;

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