beta
(영문) 대구지방법원 김천지원 2017.09.21 2017고단686

근로기준법위반

Text

Defendants shall be punished by imprisonment for not less than five months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, as the representative of E in the netcheon-si E, is a full-time employer who subcontracted the steel-rein concrete construction work at H construction site from (ju)G to employ 26 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 3,80,000 won to retired workers I on June 21, 2016 at the construction site as well as 42,968,00 won in total for 26 employees, such as the statement of money and valuables in arrears in the attached Form, within 14 days from the date on which the cause for payment occurred without agreement on the extension of the payment deadline.

2. Defendant B is the representative director of the construction business chain (ju) G located in the Nam-gun JJ, Nam-gun.

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.

Around January 2016, the Defendant awarded a subcontract for the new construction of H with the owner K to re-subcontract the construction of the steel reinforced concrete to A without a construction license on March 15, 2016, and thus, despite the fact that he/she is jointly and severally liable to pay the wages of workers employed at the above site, the Defendant did not pay 42,968,000 won in total for 26 workers, as stated in the detailed statement of the money in arrears with attached Table, including the amount of wages of 3.8 million won retired workers I retired on June 21, 2016, without any agreement on the extension of the payment date, within 14 days after the cause for the payment occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police of each truth representative (I);

1. Each complaint and each complaint shall be filed;