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(영문) 대구지방법원 포항지원 2017.02.08 2016고정471

근로기준법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is an employer who employs 18 full-time workers and executes steel reinforced concrete construction works among new housing construction works located in D at the border of North Korea.

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.

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

Nevertheless, the Defendant did not pay the total of KRW 35,060,000 from the date of retirement to 14 days from the date of retirement without agreement on the extension of the payment period between the parties, including KRW 4,320,000, the E’s wage of KRW 4,320,000 retired on December 1, 205.

2. Defendant B is the representative of G located in Nam-gu, Nam-gu, Chungcheongnam-gu, and Defendant B is a direct contractor who subcontracts the steel reinforced concrete construction work to Defendant A among new construction works located in D at the time of Gyeong-gu, Chungcheongnam-gu.

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.

Nevertheless, Defendant B did not pay the contract amount to Defendant A without good cause, and Defendant A was responsible for not paying KRW 35,060,000,000 for the total wages of 18 workers in the annexed crime list, including the amount of wages of KRW 4,320,00,00 of E, retired workers on December 1, 2015, as well as the amount of wages of KRW 18.

1. The defendants' legal statement (the defendant B is on the date of the second public trial)

1. Statement made by the police with H;

1. A written complaint and a written complaint;

1. Application of the laws and regulations of I and J;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 109(1) and 36 of the Labor Standards Act (Punishment.