logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.04.22 2016고정139
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant, as the representative director of the C Co., Ltd. in Sii-si, is a subcontractor to F without a construction business license, who is a subcontractor for the construction site of Sii-si D and E lending.

Where a construction business has been carried on two or more occasions and a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry has been made, and where a constructor who is not a constructor defined in subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally with a sewage supplier, and shall be jointly and severally liable for the wages of workers employed by a sewage supplier

The Defendant, like the description of the attached Form in arrears, did not pay KRW 10,194,950 in total to six workers, including KRW 2,318,520 in arrears with G employed by F at the construction site, within 14 days from the date of each retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of the police concerning G, etc.;

1. Application of Acts and subordinate statutes to business registration certificates, certified copy of corporate registry, written waiver of construction, written confirmation of debt takeover and takeover of claims, written contract for joint construction works, and detailed statement of arrears;

1. Article 109 (1) and Article 44-2 (1) of the Act on the Standards of Employment and the Selection of Fines concerning facts constituting an offense, and Articles 109 (1) and 44-2 (1) of the same Act

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

arrow