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(영문) 인천지방법원 2017.11.02 2017고단857
근로기준법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, as a representative of E Company in Seo-gu Incheon Metropolitan City, is an employer who ordinarily worked for building stones construction work with two full-time workers awarded a subcontract in the amount of KRW 58,000,000 from the representative director B of the company in charge of the construction project in Ulsan-gu, Incheon-gu, without a construction business license at the construction site.

Defendant 1 worked from September 13, 2015 to October 11, 2015 at the above construction site, and did not pay KRW 1,820,000 of the wages of Sector H on October 2015, and KRW 1,350,000 of the I’s wages, within 14 days from each retirement date without any agreement between the parties on the extension of the payment date.

2. Defendant B, as the representative director of the K K in Ansan-si J, the Defendant is a direct contractor who, using four full-time workers, subcontracted the construction of stone in the construction of the said F F F F F F F F F F F F housing with a subcontract of KRW 229,50,000 to A without a construction business license, re-subcontracted the construction of stone in KRW 58,000,000.

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, and where a sewage constructor 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 supply worker shall be jointly and severally liable with a sewage constructor to pay the wages to his/her workers

Nevertheless, the Defendant did not pay the total amount of KRW 3,170,000 as wages of H and I employed by A on the ground that he paid the subcontract amount at the above construction site within 14 days from the date of each retirement without agreement between the parties on the extension of the payment deadline, as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H and I;

1. Application of a construction business registration certificate, an agreement on participation in construction, and details of service by statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Each labor standard law.

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