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(영문) 수원지방법원 성남지원 2019.08.13 2018고정831
근로기준법위반
Text

Defendant shall be punished by a fine of five 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 Dispute Resolution Co., Ltd. in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, who is a user who runs a construction business using 20 full-time workers, is a quasi-contractor who is a private constructor E who has no construction business license for the steel framed work among D new construction works in Seongbuk-gu, Seongbuk-gu.

Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to workers employed by him/her when the subcontractor has made a contract under subparagraph 11 of Article 2 of the same Act, the immediately preceding contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor pursuant to Article 44

Nevertheless, the Defendant did not pay the retirement worker the total amount of KRW 35,560,00,00 as wages of September 5, 2017 to F who worked from September 5, 2017 to January 16, 2018 at the same construction site, and the amount of KRW 1,980,000 as wages of October 2017, and KRW 3,080,000 as wages of November 3, 2017, and KRW 1,520,000 as wages of December 2017, and KRW 8,560,000 as wages of January 5, 2018, and KRW 35,560,000 as well as KRW 440,00 as in the attached list of crimes in the attached Form, within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of payment date.

Summary of Evidence

1. The legal statement of the defendant A (as of the seventh trial date);

1. The suspect interrogation protocol of Defendant G concerning the police officer

1. Statement of replacement of the police with F and H;

1. Statement by the police appellant to F (II) ;

1. Part of the statement statement made by the police against the defendant A and F;

1. Details of confirmation of telephone, etc.;

1. Application of Acts and subordinate statutes, such as standard subcontract agreement of construction business;

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; and the choice of fines for negligence.

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

1. The Criminal Act for the detention of a workhouse;

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