근로기준법위반
The prosecution of this case is dismissed.
1. A summary of the facts charged is an individual constructor, and around November 18, 2015, Defendant A is an employer who, under contract with the head office of Pyeongtaek-si Co., Ltd. operated by Defendant B, performed construction works using 12 full-time workers on a contract basis of KRW 66,00,000 of the cost of construction among the construction works of Pyeongtaek-si and G new construction works.
Defendant
B as the representative director of corporation D in Pyeongtaek-si H, the above construction is a subcontractor to Defendant A who has no construction business license.
(a) When a worker dies or retires, the employer of the defendant A shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the defendant employed from November 17, 2015 to December 29, 2015 at the above construction site, and the retired employee I did not pay 1,200,000 won of wages on December 2, 2015 without agreement between the parties on the extension of the payment deadline.
In addition, the Defendant worked from November 17, 2015 to February 5, 2016, as indicated in the attached list of crimes, and did not pay 29,852,500 won in total to 11 retired workers within 14 days from the date of retirement without agreement on extension of payment dates between the parties.
(b) Where a contract under Article 2 subparagraph 11 of the Framework Act on Construction Projects has been made on two or more occasions in Defendant B construction business, if a constructor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her employees, the immediately upper-tier subcontractor shall be jointly and severally with a sewage supplier, and shall be jointly and severally liable to pay wages to his/her employees.
Nevertheless, the defendant shall subcontract the construction work to A who is an individual constructor who has no construction business license as a direct contractor at the construction site at the above site and work from November 17, 2015 to February 5, 2016, and shall be jointly and severally with A for the total amount of wages of 29,852,50 won for 11 workers employed by retired A.