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(영문) 의정부지방법원 2014.07.31 2014고정601
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a manager of D Co., Ltd. in Gangdong-gu Seoul Metropolitan Government building 201, using two full-time workers, was awarded a contract for the structural part of 100,000,000 won from the owner E to the constructor who was awarded a contract for 220,000,000 won for the structural part of the structural part of the structural part of the penta-gun in Gyeonggi-gun, Gyeonggi-do building 201. The Defendant re-subcontracted to F who was an individual constructor who did not obtain a construction license for the said structural part at KRW 96,00,0

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 his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall pay wages to the workers employed by the subcontractor jointly

F The above F shall work for the above construction site from June 6, 2012 to July 10, 2012, and the wages of KRW 1,360,000, monthly wage of KRW 1,380,000 for workers G retired on June 11, 2012, and the wages of KRW 1,380,000 for July shall not be paid within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties on the extension of the due date for payment, as shown in the attached list of crimes, as shown in the attached list of crimes, including that the total amount of KRW 6,490,000 for workers’ wages was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date.

Accordingly, the defendant, who is a direct contractor, did not pay wages to 10 workers jointly and severally with the above F.

Summary of Evidence

1. Defendant’s partial statement in court: Statement that the Defendant actually manages and operates a D stock company (six pages of the protocol of examination of witness of H);

1. Legal statement of the witness H;

1. Application of each Act and subordinate statute stated in the complaint, petition, statement, overdue payment and payment details, standard subcontract agreement of construction works, written statement, work details by day, and written list of crimes;

1. Relevant Article of the Criminal Act and each Labor Standards Act concerning the selection of punishment;

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