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(영문) 대전지방법원 홍성지원 2016.12.22 2016고정196
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Ulsan District Court, and the said judgment became final and conclusive on December 11, 2015.

The Defendant, as the representative of C in Busan YB building 202, is a person who was awarded a contract for the construction work of the construction work of the construction work of the D apartment in Chungcheongnam-gun with ten full-time workers for the construction work of the D apartment in Chungcheongnam-gun, Hongsung-gun, for the construction work of the 3,751,54,864 won, and F is a personal constructor who was awarded a sub-subcontract from the above C to the above 910,000,000 won.

Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and where a construction business has contracted for construction works on two or more occasions and the subcontractor who is not the constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be jointly and severally liable to pay the wages to the workers employed by the subcontractor.

The Defendant, as F’s direct contractor from July 1, 2014 to September 30, 2014, did not pay the total of KRW 18,867,420 for 11 workers within 14 days from the date of retirement, as shown in the attached list of crimes, including the fact that the Defendant failed to pay KRW 2,80,000 of workers G wage employed by F at the construction site of the aforementioned D apartment construction site within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F (including H statements);

1. Each police protocol of statement against I, J, K, L, and M;

1. Each written petition and each written statement;

1. A subcontract agreement for construction works and a standard construction contract;

1. Investigation report;

1. Previous convictions: Application of the Acts and subordinate statutes to the defendant's legal statement, residents and criminal history records;

1. Article 109(1) of the relevant Act and Article 109(1) of the Labor Standards Act concerning criminal facts;

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