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(영문) 광주지방법원 2016.07.14 2016고정379
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative director of D Co., Ltd. located in Kim Jong-si, worked with 15 full-time workers on the production and installation of metal windows from the construction company E company, with a subcontract for the production and installation of metal windows in KRW 890 million from the construction company, and without a construction business license, is a direct contractor who subcontracted the production and installation of metal windows in KRW 100 million to E without a construction business license.

Where a construction business has been executed two or more times under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the construction works in question) to his/her workers, the person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the payment of wages to the workers employed by a sewage supplier.

Nevertheless, the Defendant from February 26, 2015 to February 26, 2015 at the site of new G construction works located in Naju-si.

3. He did not pay the total amount of KRW 8,405,00 for nine retired workers, including KRW 2,295,000, which was retired from work until 15.15, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, on the ground that he paid the total amount of the subcontracted work cost of KRW 8,405,00 for nine retired workers, as shown in the attached list of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second pleading);

1. Statement in the police interrogation protocol concerning E;

1. Application of the law to the statements made by the police in each police protocol against H, I, J, and K;

1. Relevant Article of the Act on Criminal Facts, Articles 109 (1) and 44-2 of the Act on the Standards for Optional Labor, and Selection of fines for a crime;

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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