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(영문) 의정부지방법원 2017.06.21 2016고단4337
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant, as the E’s representative director with the wife population D and 102, concluded the F Multi-household Construction Contract with the landowner G in Yangju-si, and then subcontracted the aggregate construction amount of KRW 599,357,000 to H without a construction business license.

The Defendant did not pay 58,025,00 won in total of 24 workers within 14 days from each retirement date, as shown in the list of crimes in attached Table, including 5,830,000 won in February 2016, when H had worked at the above site from January 5, 2016 to February 13, 2016, without any agreement between the parties on the extension of payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of a witness I, J and K;

1. The legal statement of the witness H in part;

1. Each police statement made to I and K;

1. Details of calculation of personnel expenses for workers at the new site of multi-household construction, printing out a daily work for workers at the F site, details of daily personnel expenses for workers at the F site, details of daily work for workers at the F site, details of daily work for workers at the F site, details of daily work for workers at the F site, details of daily work for workers at the F site, details of work for workers at the F site, details of work for the Af site, daily work for the Af site, details of work for the Af site, F site, daily work for the Af site, current status of the construction company and owner, personal information of the E (State), certified copy of corporate registry, certified copy of land register at the F site, standard subcontract contract for construction, telephone

1. Relevant provisions of the Act and each provision of Articles 109 (1) and 44-2 of the Labor Standards Act regarding criminal facts;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of recommended punishment] No person who does not have a person who is subject to a special sentencing [the April-8] [the decision of sentencing] [the defendant] as the E representative director who subcontracted the instant framework construction to H, who is an individual constructor, and was not paid the construction cost due to the crypt, and the employees did not receive wages at all, and the amount is higher than 58 million won.

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