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(영문) 대전지방법원 2016.06.16 2015고정1022
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

The Defendant, while running a construction business under the trade name called Seo-gu AAA building 1613 in Seo-gu, Seo-gu, Daejeon, awarded a subcontract to AD, which is not a constructor, while performing construction works by obtaining a subcontract for repair and painting of outer walls and underground parking lots.

Where a construction business has been conducted two or more times of a contract under Article 2 subparagraph 11 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry fails to pay wages to his/her employees, the immediately upper demand and supply worker shall be jointly and severally with a sewage supplier, and the above AD works for the period from October 11, 2014 to October 14, 2014 at the above construction site and has not been paid KRW 390,000 of wages of the retired worker AE in October 2014 without any agreement between the parties on the extension of the due date for payment between them, the Defendant, a direct demand and supply worker, did not pay wages within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in writing containing two and six other persons;

1. Article 109 (1) and Article 44-2 (1) of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (1) and 44-2 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined as shown in the Disposition, taking into consideration the fact that the defendant paid the worker AE wages of KRW 170,000;

When the defendant has received a suspended sentence due to a violation of the Labor Standards Act, he does not render a judgment of the suspended sentence again.

Rejection of Public Prosecution

1. In the facts charged, the Defendant, while running a construction business under the trade name called the Seo-gu Seoul Special Metropolitan City AB Co., Ltd., subcontract the construction work to AD, not the constructor, while performing the construction work with a subcontract for the rupture repair and painting of outer walls and underground parking lots.

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