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(영문) 수원지방법원 성남지원 2019.09.24 2018고정831 (1)
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an individual constructor who has been awarded a subcontract of 175,00 won per square meter (900 square meters) with respect to non-construction of reinforced concrete without a construction business license at the site of a new construction project in the Gyeonggi-nam-si I, and was employed by ten full time workers from September 5, 2017 to January 16, 2018.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 6,600,000 to three workers of the attached Table 1 crime list, including K, who worked from September 7, 2017 to January 16, 2018 at the above construction site, within 14 days from the date on which the grounds for the payment occurred without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of L (which is made on the seventh trial date);

1. Legal statement of the witness J;

1. Statements made by witnesses B in the fourth trial records;

1. Statement of the police confrontation against B and M;

1. Statement by the police petitioner of the B (including the second and the attached data);

1. Details of confirmation of telephone, etc.;

1. A standard subcontract agreement for a construction business;

1. Application of Acts and subordinate statutes on account details;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply); and the choice of fines for criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant's construction of reinforced concrete among I-built construction works around June 2017.

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