근로기준법위반
Each public prosecution against the Defendants is dismissed.
1. Summary of the facts charged
1. Defendant A is a personal constructor who has been subcontracted to KRW 62 million from the representative director B of E Co., Ltd. without obtaining a construction business license at the site of new construction of a new construction of a Eunpyeong-gu Seoul Metropolitan Government D Lodging establishment, using 10 full-time workers from August 25, 2017 to November 8, 2017.
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 an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 11,940,000 for three workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including KRW 2,380,000 in September 25, 2017, working from August 25, 2017 to November 8, 2017, as well as KRW 11,940,00 for three workers as indicated in the list of crimes in the attached Table.
2. Defendant B, as the representative of the E Co., Ltd. in Seocho-gu, Young-si, who is a full-time employee, is a direct contractor with subcontracting KRW 62,00,000,000 to a person who does not obtain a construction license while performing construction work with a contract for construction work of KRW 15,500,000 from Eunpyeong-gu, Seoul.
Where a construction business has been subcontracted two or more times for a contract, if a constructor who is not a person who runs the construction business after having registered pursuant to the Framework Act on the Construction Industry or any other Act fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by the sewage supplier.
Nevertheless, the Defendant paid KRW 11,940,000,000 to three workers as shown in the list of crimes in the attached Form, including the F’s wage 2,380,000, working for a subcontractor during the construction site from August 25, 2017 to November 8, 2017.