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Reasons
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(영문) 의정부지방법원 2019.03.28 2019고정85
근로기준법위반
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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, as the representative director of the D Co., Ltd. in Gangdong-gu Seoul Metropolitan Government, subcontracted KRW 900,000,000 of the construction cost to G, who is not the constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, after being awarded a contract for the steel-frame construction from E to the construction cost of KRW 1,00,00,00,00 of the construction cost.

Where a project is conducted on two or more occasions under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages (limited to wages incurred in the relevant construction works) to workers he/she employs, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers who have employed sewage.

Nevertheless, the Defendant, a direct contractor, is a subcontractor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, and works as a public official in charge from April 3, 2017 to May 15, 2017.

The bill of indictment for retired workers H is written as “I,” but it is obvious that it is a clerical error in “H”, and thus shall be corrected.

The wages of G and workers have not been paid for KRW 3,733,300 in April 2017, and KRW 2,133,300 in May 2017, and KRW 5,86,60 in total, and KRW 5,86,00 in total, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the special judicial police officer of H (labor inspector);

1. A H statement;

1. A complaint;

1. Application of Acts and subordinate statutes to an investigation report (referring to a report on call and statement by a labor inspector);

1. Article 109(1) and Article 44-2(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of fines for criminal facts;

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

1. The order of provisional payment;

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