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(영문) 대구지방법원 안동지원 2020.02.18 2019고단164

근로기준법위반

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A, as a personal building business entity, is an employer who ordinarily employs 26 workers and engages in construction business at the construction site of the Gyeongcheon-gun C Apartment-gun, Chungcheongnam-gu, Seoul Metropolitan City, and at the construction site of the D Building Construction site.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from March 30, 2017 to December 29, 2017 at the above construction site.

The total amount of wages of retired workers E (attached Form 6) 6 million won has not been paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Defendant B, as the representative of G limited partnership company in the DongF and the second floor in Daejeon Metropolitan City, employs 7 full time workers, and executes the construction of the above C Apartment with subcontracting from the State H and the above D Building Construction with subcontracting from I, and is a quasi-subcontracted sub-subcontract in the amount of KRW 1,229,150,000 to A without a construction license.

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 workers employed by the subcontractor, the immediately preceding contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

Nevertheless, the Defendant is working from March 30, 2017 to December 29, 2017 at the above construction site.

The total amount of wages of retired workers E (attached Form 6) is not paid 6 million won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B.