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(영문) 서울동부지방법원 2021.03.26 2020고정1190
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Where a construction business has been executed two or more times a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage constructor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediately upper demand and supplyer shall be jointly and severally with a sewage constructor to pay the wages to his/her workers employed by a sewage constructor, and where the immediately upper demand and supplyer is not a construction business operator under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the immediately upper demand and supplyer shall be deemed a immediately upper demander.

The Defendant, as the representative of the LAD, who is a constructor under the Framework Act on the Construction Industry in the Yeongdeungpo-gu B and the Construction Industry in subparagraph C, was awarded a subcontract to E with an individual constructor who has no construction business license, while executing the said construction work, and E re-subcontracts to F with an individual constructor who has no construction business license, and the Defendant is a direct contractor F.

Although the Defendant is jointly and severally liable to pay F with F as an immediate upper contractor, the Defendant did not pay the total amount of KRW 19,500,000 for eight workers from March 2, 2019 to October 28, 2019, as shown in the list of crimes in the attached Table, as well as KRW 2,90,000 for G’s wages engaged in from around March 2, 2019 to around October 28, 201, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F of the defendant to revise and submit the police interrogation record, or the police statement record, to E;

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;

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