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(영문) 울산지방법원 2018.05.29 2017고정681

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

The Defendant, as a real representative of Nam-gu Incheon Metropolitan City apartment house C, and D located in 202-703, is an employer who engages in construction business by receiving a subcontract from I, who is the representative director of Ulsan-gun, for steel reinforced concrete construction work (ju) 950 million won, and using 14 full-time workers.

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.

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

From August 16, 2015 to August 17, 2015, the Defendant did not pay the amount equivalent to KRW 19,285,482 of the total wages of 14 workers as stated in the list of crimes in the attached crimes, including KRW 332,37 of the J’s wages, who worked at the site of the relevant G Mart extension project, within 14 days from the date of retirement, without any agreement on the extension of payment period between the parties.

Summary of Evidence

1. Each statement made by K and I in the third public trial records;

1. Entry of L and M in the fourth public trial protocol;

1. Statement of the defendant concerning I in the police interrogation protocol;

1. Statement made by the police against the defendant;

1. Each labor contract, the ledger of wages payable in August and September, 2015, the construction subcontract agreement, the construction work subcontracting agreement, the specifications of labor cost payment, the construction cost payment and the statement of total non-performance of labor cost in August and September, 2105 [the following circumstances that can be recognized by the aforementioned evidence], namely, the Defendant, at the police station, verbally delivered the intent to waive the construction work to HH because it is no longer possible for the Defendant to proceed with the construction work, but I would not end the construction work to which the Defendant would negotiate with HH construction.

In addition, it is expected that wages, etc. will be directly paid in the KNH construction.

When the victims have not received wages, the defendant is on-site.