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(영문) 수원지방법원 안양지원 2018.07.17 2017고정881
근로기준법위반
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who engages in construction business in the trade name of E from the E, and Defendant B was a representative director of the H innju City G and the H in the second floor (from January 12, 2015 to March 7, 2017).

The H In-si Water Co., Ltd. has been awarded a contract for the "I Corporation" from the Si Water Co., Ltd., and the Corporation shall be from the K in-si Water Co., Ltd. to the K in-si, and the K in succession from K to the defendant.

The KJ, K, and Defendant A shall not be a constructor under the Framework Act on the Construction Industry.

(a) When an employee in violation of the Labor Standards Act of Defendant A dies or retires, the employer shall pay him/her 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, Defendant A did not pay KRW 5,925,00 for L workers who worked at the same construction site from November 3, 2016 to October 10, 2016, and KRW 5,975,00 for M workers who worked at the same construction site for the same period, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

(b) Where a construction business in violation of the Labor Standards Act has been carried out two or more occasions, and a constructor who is not a constructor under the Framework Act on the Construction Industry fails to pay wages to his/her employees, if the constructor fails to pay wages to his/her employees, the immediate average supplier shall be jointly and severally liable with the sewage supplier for the wages of his/her employees;

Where a direct contractor is not a constructor referred to in the provisions of the Framework Act on the Construction Industry, the lowest constructor among his/her superior contractors shall be deemed the immediate upper contractor.

Defendant

B as a quasi-contractor for the above construction work to A through K, the worker L's wages of KRW 5,925,00,00 and the worker M's wages of KRW 5,975,00 who were retired while serving as described in the above paragraph (a).

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