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(영문) 의정부지방법원 2014.08.27 2014고단725

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

As a representative of C(State) in Southyang-si, the Defendant is an immediate contractor who subcontracts the construction of a multi-household housing in Gyeonggi-si D to F, who is awarded a contract from E to the owner of the building for retaining wall construction, building aggregate construction, electricity and telecommunications construction, and installation works.

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 subcontractor F was working at the above construction site from August 14, 2013 to October 4, 2013, and the retired worker G was not paid KRW 3 million on August 8, 2013 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date, and as shown in the attached list of crimes, the subcontractor F did not pay KRW 16,125,000 for the total wages of 7 workers within 14 days from the date of each retirement without agreement on the extension of the payment due date between the parties.

Ultimately, the Defendant subcontracted the retaining wall construction, etc. to F, who is not the constructor, and as such, F did not pay the said wages within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and thus, F was not liable to pay the said wages jointly and severally with F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. A letter of complaint and power of attorney;

1. Each petition and each power of attorney;

1. Application of Acts and subordinate statutes in a standard subcontract agreement of construction works;

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