근로기준법위반
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that Defendant A is a quasi-exclusive contractor who gives a subcontract to D without a construction license for early installation work as stated in the judgment as the representative of the Lansi Co., Ltd. which operates a construction business in Pyeongtaek-si B.
Where a construction business is carried on two or more occasions, and a constructor who is not a constructor fails to pay wages to his/her workers, if the constructor fails to pay the wages to the workers he/she employs, the person directly responsible for the payment of wages shall be jointly and severally with the sewage constructor.
Nevertheless, Defendant A’s delayed payment of KRW 32,910,00 in total amount of wages of four retired workers, including KRW 5,200,000 in March 2016, and KRW 11,40,000 in April 2016, as indicated in the list of crimes in the attached Form, as well as KRW 11,40,00 in total of the wages of four retired workers, including KRW 32,910,000 in arrears of KRW 32,910,00 in total, and KRW 14 days in each retirement day without agreement on the extension of the payment date between the parties concerned, even though there was a delayed payment of KRW 32,40,00 in excess of the wages of KRW 14 days in each retirement day, which is the date on which the grounds for payment occurred without any agreement on the extension of the payment date between the parties concerned.
2. Article 109(1) and Article 44-2(1) of the Labor Standards Act applicable to the facts charged of judgment: The judgment dismissing the victims' non-prosecution of punishment after the prosecution under Article 109(2) of the Labor Standards Act (Article 327 subparag. 6 of the Criminal Procedure Act).