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(영문) 의정부지방법원 2016.08.18 2016고정270
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not undermine the defendant's right of defense.

The defendant, as the D representative director of Geumcheon-gu Seoul Metropolitan Government building 1302, is a person who contracted the construction of reinforced concrete works among the construction works of the F church in Geumcheon-gu from the Sung integrated Construction Co., Ltd., and G is a person who subcontracted the construction works of the F church from the defendant without a construction business license.

Where a construction business has been subcontracted two or more times, if a subcontractor fails to pay wages to his/her workers, the person directly responsible for the payment of wages shall be jointly and severally liable with the subcontractor for the wages of the workers employed by the subcontractor.

Nevertheless, the Defendant did not pay the amount of KRW 9,575,00 to the employees, despite the fact that the Defendant was jointly and severally liable for paying the amount of KRW 9,575,00,00 to the employees, including the amount of KRW 80,00 in December 18, 2014, the amount of KRW 1,040 in January 2015, the amount of KRW 80,00 in January 2015, and the amount of KRW 1,040 in January 1, 204, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A witness I and each legal statement in G;

1. Statement made by the police to J or K;

1. Each written petition;

1. Application of the standard subcontract agreement for construction works and the statutes governing subcontract for construction works;

1. Relevant Articles 109 (1) and 44-2 of the Labor Standards Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The defendant's assertion that wages are all paid to G.

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