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(영문) 청주지방법원 2019.05.28 2018고단445
근로기준법위반
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Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in a construction business under a contract with a mold and a wooden construction business, and the defendant B is a person who has jointly engaged in a construction business by being entrusted with the management of the public corporation.

The Defendants performed each type framework and wood hole among the Newly constructed construction works of commercial buildings in Goyang-si, the Do government-Si Do Do Do Do Do Do Do Do Do dong E, Seongbuk-gu Gun Do Do Do Do Do.

Defendants jointly did not pay the total of KRW 11,030,000 during the above-mentioned period of the victim F, who worked at each of the above construction sites from August 8, 2016 to October 30, 2016, as well as KRW 650,00 during the above-mentioned period of the victim F, who had worked at each of the above construction sites, within 14 days from the date of their retirement without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendants’ partial statement

1. Each police statement of K and L;

1. Report on acquisition of each investigation data;

1. Application of each statute on filing of a complaint;

1. Relevant Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 30 of the Criminal Act; the choice of fines

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The dismissed part of the prosecution under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is that Defendant A was awarded a contract for the mold and wooden works and managed materials and funds, and Defendant B was jointly engaged in construction business by being entrusted with the management of the public corporation.

The Defendants performed each type framework and wood hole among the Newly constructed construction works of commercial buildings in Goyang-si, the Do government-Si Do Do Do Do Do Do Do Do Do dong E, Seongbuk-gu Gun Do Do Do Do Do.

Defendants jointly worked at each of the above construction sites from August 8, 2016 to October 30, 2016.

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