근로기준법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant’s management received a contract from the Eth Association for the new construction of a church, and subcontracted L with the structural construction among them, and L completed the above structural construction without giving up it in the middle.
L employed seven workers, including F, including seven workers (hereinafter “instant workers”), and put into the said framework work.
In other words, the instant workers are employed by L to provide labor.
Therefore, there is no contractual relationship between the instant workers and C, and the Defendant is not an employer who is not obligated to liquidate money and valuables under Article 36 of the Labor Standards Act.
Six workers except F (hereinafter referred to as "part workers") were introduced by L from "M".
In doing so, some workers received wages from “M”.
Therefore, the employer did not pay the amount of money equivalent to the wages to “M”.
Even if the employer only remains the issue of the price for "M", and the issue of payment of wages to some workers has been resolved.
2. Determination
A. The summary of the facts charged in the instant case is the actual manager of C in Asan City, who runs a construction business with one full-time employee.
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 agree on the extension of the payment deadline between the parties, as stated in the list of crimes in the attached Form, and did not exceed KRW 20,970,000, total amount of seven retired workers, including KRW 170,000, working from March 20, 2016 to August 9, 2016 at the site of the construction of a new E church in Gangwon-gun; and within 14 days from the date of retirement.