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(영문) 창원지방법원 2018.11.21 2017고단4366

근로기준법위반

Text

Defendant

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

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2017 Highest 4366 - Defendants]

1. Defendant A is an employer who runs construction business as a representative of “E” located in the counter D of Changwon-si.

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

However, the Defendant did not pay 6,815,000 wages of 30 workers from March 22, 2013 to May 16, 2017, without agreement on the extension of payment deadline between the parties concerned, within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including KRW 1,30,00 of the wages of 1,300,000, retired workers G, who worked in the field of the F Housing Corporation at Sejong City from March 2, 2013 to May 16, 2017.

2. Defendant B is an employer who actually runs construction business as a manager of Company I located in G in Kimhae-si. Defendant B is a direct contractor who subcontracted the steel frame to A without a construction license after obtaining a subcontract for the construction work site of Sejong-si F Housing Corporation, Shee comprehensive construction.

Where a construction business is contracted two or more times for construction works, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her employees, the immediate upper-tier supplier shall be jointly and severally liable with a sewage supplier to pay wages to his/her employees.

The Defendant did not pay 6,815,000 won in total for 30 workers as stated in the list of offenses, including 1,300,000 won in March 2017 of G employed by A at the above site, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

[2018 Highest 1934 - Defendant A] Defendant is an employer who runs a construction business by employing three full-time workers as the representative of “E” located in D of Changwon-si.

An employer shall cause death or death of a worker.