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(영문) 부산지방법원 2018.09.14 2017고단4988

근로기준법위반

Text

1. Defendant A shall be punished by a fine of KRW 3,00,000.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

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

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

1. Defendant A’s delayed payment of wages, R Co., Ltd. (hereinafter “R”) received a subcontract for the steel-re-subcontracted concrete works among the Geum-gu Busan Metropolitan Government S New Apartment Construction Works (hereinafter “S New Construction Works”). The subcontractor again entered into a sub-subcontract with Defendant A (hereinafter “S New Construction Work Re-subcontract”) with regard to the part of the molded concrete works among the said part.

Defendant A, who is the subcontractor, was a user who ordinarily employs 15 workers at all times without any trade name, and operated a construction business, and according to the sub-subcontract of the S New Apartment Construction, Defendant A, as the subcontractor, continued to proceed with the part of the molded wooden construction.

Nevertheless, from April 2, 2016 to April 18, 2016, Defendant A did not pay KRW 480,000 of the wages of T employed workers at the S apartment construction site for April 2016 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties. [Attachment] A’s net payment of KRW 1,360,00,00 in total, including T employed workers, U,V, and W four wages, etc., who worked at the S apartment construction site as at the S apartment construction site, as at 14 days from the date of each retirement without agreement on the extension of the payment period between the parties.

2. The arrears of Defendant B’s wages;

A. In the event that a contract for construction work has been made two or more times in arrears as a direct contractor with respect to workers at the construction site of S New Apartment Construction, if the subcontractor who is not registered for the construction work fails to pay the wages to his/her employees, the immediate upper-tier subcontractor shall be the person.