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(영문) 광주지방법원 2020.01.16 2019고단2943

근로기준법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A, an employer who employs 10 full-time workers and engages in construction business without registration of construction business, was awarded a contract for the construction of household units among the “new construction works for G apartment reconstruction project in Gwangju Seo-gu, Seo-gu.” In the event an employee dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred. Nevertheless, the Defendant did not pay KRW 4,770,000, total wages of He retired from his work in the construction site above from June 1, 2018 to July 31, 2018 without agreement on the extension of the due date between the parties, and did not pay them within 14 days from the date of his retirement, as stated in the annexed list of crimes Nos. 1,2,5,6,8, and 100, the total wages of 7 workers and 22,621,000,000 from his/her own new apartment construction business among the parties to the payment date.”

Where a construction business is conducted on two or more occasions, and a subcontractor who is not a constructor who has registered a construction business under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, if the subcontractor fails to pay wages to his/her workers, the immediate preceding contractor shall be liable for the wages of the workers employed by the subcontractor jointly and severally

Nevertheless, as described in paragraph (1), the Defendant, a subcontractor, was working at the construction site from June 1, 2018 to July 31, 2018.