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(영문) 인천지방법원 부천지원 2015.07.15 2015고단687
근로기준법위반
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is an individual constructor who subcontracted the field of molding construction from F to E at the site of both weeks, and performed the molding construction by using 20 full-time workers from November 1, 2013 to December 7, 2013.

From November 1, 2013 to December 7, 2013, the Defendant did not pay 54,515,000 won of the total wages of 20 workers within 14 days from the date of retirement without agreement on extension of the due date between the parties, as stated in the attached crime list, as stated in the attached crime list, to the effect that the Defendant did not pay 1,05,000 won of the G workers who worked for a molding timber at the above construction site on November 1, 2013, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. Defendant B is the representative of F Co., Ltd., a construction company located in the Seo-gu, Gwangju, who runs a construction business using 40 full-time workers. Defendant B is a quasi-contractor who subcontracts the part of the molding construction to A in the course of performing the E construction project subcontracted by Yang Sung-si Construction Co., Ltd.

From November 1, 2013 to December 7, 2013, the Defendant did not pay KRW 1,050,000 on November 1, 2013 of G workers who were employed by the Defendant’s contractor A as a staff member at the aforementioned construction site as wages of KRW 1,050,00 on November 1, 2013, within 14 days from the date of retirement without any agreement on extension of the due date between the parties, and did not pay KRW 54,515,000 on the total wages of 20 workers as shown in the attached crime list, as shown in the attached crime list.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Legal statement of the witness H;

1. The Defendants’ written statements

1. The Defendant B and his defense counsel stated in the construction work contract and construction business registration certificate are merely lending the construction business name to H.

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