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(영문) 의정부지방법원 고양지원 2017.11.23 2016고단3730

근로기준법위반

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Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is an employer who performs construction works upon re-subcontracting from G at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site

An employer shall pay all money and other valuables, such as wages, within 14 days after the cause for retirement, etc. of a worker occurs.

Nevertheless, the Defendant employed from January 5, 2016 to January 10, 2016 at the above construction site, and did not pay the amount of KRW 1,080,000 to retired workers J on January 1, 2016 within 14 days from the date of payment, and did not pay KRW 119,746,00 for the wages of 68 workers within 14 days from the date of payment.

2. Defendant B is the representative director of H (ju) who performs G construction works under a contract with K (ju) at the time of strike, who employs 50 full-time workers and carries on construction business.

Where a construction business has been subcontracted two or more times, if a contractor fails to pay wages to workers employed by a subcontractor who is not a constructor, the immediate upper-tier contractor shall be jointly and severally liable for the wages with the subcontractor.

Nevertheless, the Defendant: (a) provided a subcontract to I who is not a constructor at the construction site; and (b) again provided labor to A, who is not a constructor, and (c) provided labor at the construction site; and (d) provided a retired worker L with wage of KRW 900,000 on November 1, 2015 from November 15 to November 22, 2015, and did not pay within 14 days from the date of payment; (b) in the list of crimes in the attached Table, the Defendant did not pay KRW 50,000,000 for the total wages of 16 workers, including workers, M, N,O, P, Q, Q, Q, M, V, X, Z, and AA, within 14 days from the date of payment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to J and AB;

1. A petition, a power of attorney, and a list of mandators.