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(영문) 의정부지방법원 고양지원 2017.12.12 2016고정875

근로기준법위반

Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. The summary of the facts charged was prosecuted as the facts charged under Article 1, and the prosecutor selected the facts charged under Article 2.

A. From August 23, 2014 to April 20, 2015, the Defendant is an individual constructor who was performing a new construction work of the fourth floor multi-family house with ten full-time workers from August 23, 2014 to April 20, 2015.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 21,120,000 for seven daily workers as indicated in the list of crimes in the attached Table, as well as KRW 5,760,000 for the wages of KRW 5,760,00 for the daily worker C, who worked in the above construction site from August 23, 2014 to October 23, 2014 at the above construction site, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

B. The Defendant is a constructor who subcontracted construction to D at the construction site of multi-family houses located in B during the period from August 23, 2014 to April 20, 2015 and caused D to perform the said construction work by using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and when the business is conducted based on several tiers of contracts, if the subcontractor fails to pay wages to the worker due to reasons attributable to the immediate recipient, the immediate upper tier contractor shall be jointly and severally liable with the relevant subcontractor.

Nevertheless, the Defendant’s employee’s wages in arrears 5,760,000 won against a worker C who worked from August 23, 2014 to October 23, 2014 at the construction site.