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(영문) 수원지방법원 안산지원 2016.06.24 2015고정746
근로기준법위반
Text

Defendant shall be punished by a fine of two 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 resides in the Gu C and 101 of the Seosan-si of Gyeonggi-si and has performed stone construction works by ordinarily employing five workers in the construction of the Incheon D District Library and the Gunsan E Apartment Complex construction.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant at the construction site above and from July 26, 2014 to the same year

9. Until 30.30. F’s wage of KRW 3,850,00,00 of F’s work performed on the spot duty, including the amount of KRW 13,095,00,00 for the total of five workers’ wages, as indicated in the statement of the money and valuables in arrears attached hereto, did not pay the amount within 14 days from the date of retirement, without

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G, H, I, J, K, and L;

1. The unit cost contract for labor cost (the defendant and his defense counsel employed workers, including the defendant, on the judgment of the court below, during the Gun E apartment construction as decided by M&A, and did not employ the workers on the judgment of the defendant;

However, the following circumstances, namely, F, G, H, and I, which are the workers in the judgment, receive wages from the defendant and receive work instructions from the above construction site. ② During the above apartment construction, M Co., Ltd., the defendant was entrusted with the above tin construction work to the defendant, who did not properly proceed with the subcontracted construction work, ③ the defendant prepared a unit cost contract with M Co., Ltd. for the above tin construction work, on the other hand, the construction of the subcontracted D Library from M Co., Ltd., and ④ the defendant was stated as the worker in the labor payment status table prepared at the above construction site, but the above tin statement is to the original office.

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