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(영문) 서울동부지방법원 2016.05.31 2015고정1623
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 is the representative of D in Gyeyang-gu, Incheon Metropolitan City 2 Dong 612, who runs a specialized construction business with three full-time workers, and is a direct contractor who enters into a subcontract with E Co., Ltd. (representative F) for the construction of a new building in Gangdong-gu, Seoul with a subcontract for KRW 357,521,91.

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 the wages incurred in the relevant construction works) to his/her workers, the person directly responsible for the payment of wages to the worker employed by the sewage supplier shall be jointly and severally liable with the sewage supplier.

Nevertheless, the Defendant did not pay the first wage of KRW 2,520,00 on December 12, 2013, which was used by H during the construction site from November 6, 2013 to December 31, 2013, within 14 days from the date of retirement, which was the date on which the grounds for payment occurred, without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement made by the public prosecutor with regard to I by witness I and I by each court of H;

1. Each police suspect interrogation protocol against the accused, each police's statement statement protocol against H, each written confirmation of entry into and departure from the police, each written agreement on the settlement of daily labor costs, each of the payment details of daily labor costs, each of the deposit details (H), G-related facts verification, such as a construction subcontract contract, construction registration certificate, transfer confirmation certificate, each of the investigation reports (H, J, and K statement hearing reports) [In full view of the evidence set forth in the judgment, it is recognized that I had actually worked at the site of the new construction of the Gangdong-gu Seoul Metropolitan Government Building until December 31, 2013, and it is concluded that I had been excluded from the category of daily labor cost settlement agreement between H and the defendant who is the direct supplier of H.

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