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(영문) 대구지방법원 영덕지원 2013.11.27 2013고단149

근로기준법위반

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A as the representative director of D, in the construction site of the building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

1. Where a worker dies or retires, the defendant B employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the defendant, despite the fact that he/she paid wages, compensations, and all other money and valuables at the construction site of the above building E-building, from July 5, 2012 to

9. 6.6. The number of K’s wages of KRW 600,00 in July 2012, the total of KRW 1,425,00 in August wage of KRW 1,425,00 in August wage of KRW 375,00 in September wage of KRW 2,40,00 in total, was not paid within 14 days from the date of retirement, and the total of KRW 21,790,000 in the amount of wages of 14 workers who retired until the end of September 2012, as described in the list of crimes (1), was not paid within 14 days from the date of each retirement, without any agreement on the extension of the due date.

2. Where the defendant A business is executed based on several tiers of subcontracting and the subcontractor has failed to pay wages to workers because of a cause attributable to the immediate preceding contractor, the immediate preceding contractor shall be liable for the wages jointly and severally with the subcontractor; and

Defendant

A did not pay progress payment based on the contract to F Co., Ltd. and limited partnership companies H without good cause.

Defendant

A, like the attached list of crimes (1) and list of crimes (2) in attached Form 1, the sum of 90,185,000 wages of 51 workers employed by F Co., Ltd. and limited partnership H was not paid within 14 days from the date of each retirement without any agreement on extension of payment deadline.

Summary of Evidence

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