근로기준법위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[2014 High Court Decision 1708]
1. The Defendant violating the Labor Standards Act with respect to workers E is an employer who engages in construction business using seven full-time workers as a manager of G (ju) in Ansan-si F and the third floor in Ansan-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.
Nevertheless, the Defendant worked from January 29, 2013 to February 14, 2014 at H’s river repair work site, etc., and did not pay 8,017,950 won in total to E retired from office within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached Form No. 1 of Crimes List (1).
[2015 High Court Decision 642]
2. The Defendant violating the Labor Standards Act with respect to workers I, etc. is a quasi-contractor who subcontracts reinforced concrete construction works to K without a construction license while performing construction work after being awarded a contract for the J commercial building construction work in Ansan-si F and G (ju) located in Ansan-si.
Where a construction business is carried out on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the relevant construction works) to workers he/she employs, the immediate upper contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor.
Nevertheless, the Defendant is the wages of the employees employed by K on the ground that K had delayed payment of 14 workers, including 150,000 won, who worked from December 28, 2013 to January 16, 2014, and paid 8,200,000 won of wages of 14 workers during flight or in full payment of the subcontract price, as stated in the attached crime frequency list (2).