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(영문) 수원지방법원 2018.02.08 2017고단5245

근로기준법위반

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A, as the representative of C, is an employer who subcontracted the structural part of the pelvis construction among the newly constructed multi-household construction works in the ethic City from D Co., Ltd., and Defendant B, as the representative of the said D, is a direct contractor who subcontracted the structural part of the pelvis construction to Defendant A.

1. Defendant A, who had worked in the said new construction site from September 27, 2016 to December 12, 2016, did not pay KRW 33,060,000 in total wages of 11 employees, as shown in the attached Table 1 of the List of Offenses Act, including that: (a) the amount of KRW 2,520,000 in November 2016 retired from the said new construction site; and (b) the amount of KRW 1,470,00 in December 2016, did not pay KRW 14 days from the date of retirement without an agreement between the parties on the extension of payment date; and (c) the amount of KRW 33,06,00 in total wages of 11 employees, as shown in the attached Table 1.

2. Where a business has been subcontracted for construction work two or more times in Defendant B, if a constructor who is not a constructor fails to pay wages to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;

As mentioned in the preceding paragraph, the Defendant awarded a subcontract for the above framework construction to A who is not a constructor, and as such, A did not pay the total of 3,060,000 wages to 11 workers, such as F, within 14 days from the date of retirement without any agreement on extension of payment period between the parties. Therefore, even though A and A were jointly and severally liable to pay the above wages, the Defendant did not pay it.

Defendant A (Defendant A) is an employer who employs two full-time workers in the trade name of “C” from Masung-si and operates a construction enterprise.

Defendant 1 is a worker 6,875,00 won in total, who retired from office from office from office to November 15, 2016, at the site of the construction of Hanwon-gu, including the Sungsung City, Ansan-si, and Yongsan-gu, Seoul, etc., under the above workplace.