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(영문) 수원지방법원안양지원 2020.12.24 2020고정316
근로기준법위반
Text

Defendant

A shall be punished by a fine of KRW 300,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B is an employer who has employed workers at the new construction site in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and engaged in construction business.

When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurs.

Nevertheless, the Defendant did not pay the total of KRW 26,090,000 within 14 days from the date of retirement to six retired workers, such as attached Table 2, 4, and 8.

2. Defendant A is the representative E in charge of the dispute resolution, and the Defendant is a quasi-exclusive contractor who has not been awarded a construction license due to a contract for the construction work among the new construction works of the said D from F.

Where a construction business is subcontracted two or more times, and a subcontractor who is not a construction business operator fails to pay wages to his/her workers, the immediate upper tier contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

Nevertheless, the Defendant, as a direct contractor B without a construction business license, did not pay KRW 1,200,000 to retired workers G wages within 14 days from the date of retirement.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer in relation to H, I, G, J, K, L, and M;

1. Application of the output reporting statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 109(1) and 44-2 of the Labor Standards Act; selection of fines

B. Defendant B: Articles 109(1) and 36 of the Labor Standards Act; selection of fines

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

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

1. Defendants of the provisional payment order: Defendant B’s summary of the facts charged as to the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act is related to the retired workers within 14 days from the date of retirement, as shown in attached Table 1, 3, and 9.

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