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(영문) 광주지방법원 순천지원 2017.01.25 2016고단161
근로기준법위반
Text

Defendants shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

[2016 1. 1. Defendant A is a real operator of E located in Mineyang-si D, Namyang-si, and Defendant A is an employer who performed construction works with 20 workers awarded a subcontract for installation and painting of construction works from the representative director B of BG (ju) GG) 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.

Nevertheless, the Defendant did not pay the amount of KRW 7,447,50 on January 1, 2015, which was served between January 1, 2015 and March 5, 2015, as wages of H, KRW 7,447,500 on January 1, 2015, KRW 7,447,500 on January 1, 2015, KRW 3,780,00 on January 1, 2015 of J, as wages of KRW 18,675,00 on January 1, 205, as well as KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. Defendant B, as the representative director of (ju)G located in K in Mineyang-si, is a quasi-exclusive contractor who awards a subcontract to E who is operated by the said Party A without a construction license while performing the construction work under a contract for the construction work described in paragraph 1.

Where a construction business has been carried out two or more times of a contract referred to 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 Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately upper demand and supplyer shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier.

Nevertheless, the Defendant, who employed A from January 1, 2015 to March 5, 2015, did not pay the wages of KRW 6,672,50 on January 1, 2015, the amount of KRW 6,672,500 on January 1, 2015, the amount of KRW 3,780,00 on January 1, 2015, the amount of KRW 17,125,00 on January 1, 2015, and the amount of KRW 14 days on January 1, 2015, without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. H’s written petition;

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