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(영문) 의정부지방법원 2012.09.12 2011고정1877
근로기준법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A as the representative director of D Co., Ltd. (hereinafter referred to as “D”), A was awarded a subcontract for the installation of bridge slabs among F road works and G road works by E Co., Ltd. (hereinafter referred to as “E”), which is a specialized constructor, and H Co., Ltd. (hereinafter referred to as “H”) was re-subcontracted by D to install bridge slabs during G road works.

1. Defendant A shall work as the chief of the construction division from December 25, 2009 to April 15, 2010 from the F Road Works and G Road Works.

A retired I’s work as a site manager from May 3, 2010 to June 30, 2010, with wage of KRW 954,970 and wage of KRW 954,970 from May 3, 2010 to

The retirement J's total of KRW 4,014,830,00,000,000,000 on June 2, 2010, was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. H had been working as a pastor during the field of G road construction from June 15, 2010 to June 28, 2010, and did not pay KRW 7,275,000 for the total wage of six retired workers (hereinafter “six retired workers, including KRW 1,105,00 on June 6, 2010, and KRW 3 to 8 of the attached money and valuables in arrears, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 5 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers who are employed by him/her when the subcontractor has contracted for construction business under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry, he/she shall pay wages to the workers

Defendant

A entered into a sub-subcontract with H, a subcontractor who is not a contractor, and H did not pay wages as above.

Summary of Evidence

[Fact 1]

1. Defendant A’s legal statement

1. A written statement of I and J (the fact of market 2);

1. Written statements of L, B, J and K;

1. The police statement of M. M.

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