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(영문) 부산지방법원 동부지원 2014.10.23 2014고정785

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to two years of imprisonment by the Seoul High Court due to occupational breach of trust, etc., and the said judgment became final and conclusive on July 26, 2012.

B is a business owner and employer who has subcontracted the part of finishing construction among the construction works of the building of the building of the building of the Seo-gu Busan Metropolitan City from D Co., Ltd. and performed construction work by employing eight full-time workers, and the defendant is a representative director of D Co., Ltd. of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

On the other hand, where a construction business is subcontracted two or more occasions, if a subcontractor who is not a constructor who runs the construction business after making registration, etc. in accordance with the relevant Acts fails to pay wages generated from the relevant construction works to workers he/she employs, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly with

Around March 30, 2010, the Defendant entered into a contract on behalf of D Co., Ltd., which was awarded a contract for the said new construction by G, a building owner, on behalf of D Co., Ltd. on behalf of D Co., Ltd., and B entered into a contract on behalf of D Co., Ltd., and B is a subcontractor who is not a constructor who carries on construction business upon registration, etc. pursuant to the relevant Acts and subordinate statutes, and thus, if B fails to pay the wages incurred in the said construction work to his/her employees, D Co., Ltd.,

B From May 10, 2010, the said new construction works.