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(영문) 수원지방법원 2018.08.14 2018고단2178

근로기준법위반

Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Defendant

A As a representative of Q in P and 405, A is an employer who ordinarily employs 15 workers on a subcontract for 187,000,000 won from the representative director of SP Co., Ltd. to the 15 workers on a commercial basis without a construction business license. Defendant B, as the above representative director of S Co., Ltd., employs 15 workers on a contract for the construction of the above neighboring neighborhood living facilities at KRW 1,00,000,000 from the ordering person, while performing the construction of the aggregate construction of the neighboring neighborhood living facilities at KRW 187,00,00,000 for the above neighboring living facilities to Defendant A.

1. Defendant A did not pay KRW 1,60,00,00 of T in April 2, 2017, and U’s wage of KRW 500,00 in April 15, 2017 to April 29, 2017, which had been employed from March 2, 2017 to April 29, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Where a business has been subcontracted for construction work two or more times in Defendant B, if a constructor who is not a constructor fails to pay wages to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;

Defendant

B, as referred to in paragraph 1, subcontracted the above framework construction to A, who is not a constructor, and as such, A did not pay a total of KRW 2,100,000 to T and U within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties. Therefore, even though A and A were jointly and severally liable to pay the above wages, it did not pay it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to T or U;

1. To apply the details of arrears, each print-out report, the details of passbooks, inquiries about transaction details, subcontract contracts, payment details of construction costs, business registration certificates, and construction business registration certificates;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;