근로기준법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[2018 Highest 103]
1. Defendant B is an employer who runs manufacturing business of steel structures with ten full-time workers under the trade name of Gyeongsung-gun, Chungcheongnam-gun, Gyeongnam-gun, D.
When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.
Nevertheless, Defendant B had worked for the company from March 1, 2017 to July 31, 2017 as an air space, and had not paid KRW 8,95,00 in total of the wages of E and F retired from the company as an air space, within 14 days from the date of occurrence of the relevant payment cause without agreement between the parties on the extension of the payment date.
2. Defendant A is a business owner who runs the manufacturing business of steel structures using ten full-time workers in the name of G in the name of Gyeongsung-gun, Gyeongnam-gun, and is an employer, who subcontracts the manufacturing work of containers to B as set forth in the above paragraph (1).
Where a project is implemented based on several tiers of contracts, if a subcontractor fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper tier contractor shall be jointly and severally liable with the relevant sewage supplier.
The Defendant did not pay KRW 34,357,640 on July 31, 2017, which was the date of payment under a subcontract without justifiable grounds, as of June 31, 2017, and did not pay KRW 24,548,845 on July 31, 2017, which was the date of payment, to the said B, without justifiable grounds, and did not pay KRW 8,95,00 in total wages of E,F employed by the said B on August 31, 2017.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police with H;
1. A written statement of I;
1. Application of Acts and subordinate statutes to basic contracts and a statement of claim for flag;
1. Criminal facts;