beta
(영문) 대전지방법원 천안지원 2018.06.15 2017고단2352

근로기준법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

B is the business owner of P Co., Ltd. located in Asan City, and Defendant A is the construction site of Qu middle school located in Asan City and employs 13 workers on a regular basis by subcontracting the mold and steel reinforced concrete construction work from the above P Co., Ltd.

1. Where a person employed by Defendant A retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the ground for such payment occurred: Provided, That in extenuating circumstances, the payment date may be extended by mutual agreement between the parties concerned, and the Defendant did not pay 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned, i.e., wages of 1.330,00 won of his/her retired worker S on June 10, 2016 while working at the same construction site from June 3, 2016, as well as the annual wage of 1.333,00 won of his/her retired worker on June 10, 2016.

2. Where a business was subcontracted two or more occasions in Defendant B’s construction industry, if a constructor who is not a constructor registered pursuant to the Framework Act on the Construction Industry, etc. fails to pay wages to his/her employees, both the immediate upper-tier supplier and the sewage supplier are jointly and severally liable to pay wages to his/her employees. Defendant management Co., Ltd., which received a subcontract for the said R secondary school construction from T and subcontracted the relevant R secondary school construction to the said A again, and thus, jointly and severally with A is liable to pay wages to his/her employees, even though he/she was jointly and severally liable to pay wages to A, it did not pay wages to his/her employees after working at the said construction site from June 3, 2016 to June 10, 2016, including KRW 130,000 of wages of his/her employees retired on June 1, 201 and KRW 2.2.88,000,000 from the date of retirement without an agreement between the parties to the extension of the payment period.