logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.09.13 2017고정291
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

B From among the new construction works in Northern-gu C at one port, B is an employer who, without a construction business license, has subcontracted 81,400,000 won or more to two full-time workers and worked from May 7, 2015 to October 31, 2016 by obtaining a subcontract from D (ju) whose representative is the defendant without a construction business license.

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

Nevertheless, B was working at the above construction site and retired on August 24, 2015, and KRW 1,400,000 for September 24, 2015, and KRW 2,400,000 for October 24, 2015, which was retired on August 2015, 2015, did not pay KRW 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

The Defendant, as the representative director of Sungnam-si G, subcontracted the part of the construction of metal windows in the above new construction of C from H to 880,000,000 won in the original Cheongnam-si, the Defendant is a party directly subcontracted to B without a construction business license for the board and the miscellaneous steel construction to 81,40,000,000 won.

Where a construction business has been carried out two or more occasions of a contract for construction business defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediately upper demand and supply worker shall be jointly and severally with a sewage supplier and shall be jointly and severally liable for the wages of workers employed

Nevertheless, the Defendant was not jointly and severally liable for the failure to pay the above wages to E and F, who were employed by the sewage level B at a work site other than the constructor.

Summary of Evidence

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. A written complaint and a written complaint;

1. Business registration certificate,.

arrow