beta
(영문) 창원지방법원 통영지원 2017.11.08 2017고단99

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

[2017 Highest 514] The Defendant is a person who runs a vessel processing business under the trade name of 40 full-time workers in Gyeongsung-gun D who employs 40 full-time workers.

From March 8, 2016 to May 31, 2016, the Defendant served as the leader of ideas and ideas at the pertinent company and did not pay KRW 5,587,140, which was retired, within 14 days from the date of each retirement, as well as KRW 6-8,13,26,31-36, the sum of the wages of 11 retired workers, as in the annexed crime sight table, as well as KRW 6-8,13,26,31-36.

[2017 Highest 665]

1. Defendant B is an employer as the head of the personal quantity team who runs the vessel vessel processing business, employing approximately 10 full-time workers at H (ju) located in G in Gyeong-nam-si, G with no specific trade name.

The Defendant, from May 20, 2016, worked as an employee in contact with the above workplace from around July 15, 2016, did not pay KRW 29,450,000 for each worker’s total amount of wages of KRW 3,00,00 on June 15, 2016, and KRW 756,00 on July 2016, as indicated in the list of crimes in the attached Table, including KRW 3,756,00,00 on July 20, 2016.

2. Defendant A is a person who operates a vessel vessel management business with the trade name of J (ju) from H (ju) in G at G (ju), Gyeong-nam, G, and the part of the vessel block assembly work contracted from H (ju) is a direct contractor who gives a subcontract to B (the individual quantity team leader as described in paragraph 1).

Where a business is conducted through several contracts for work, if a subcontractor fails to pay wages to a worker 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, the Defendant, without good cause, committed to B a subcontractor a total of KRW 10,357,141, including KRW 6,315,236, June 2016, and KRW 10,357,141, from June 2016 to August 2016.