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(영문) 춘천지방법원 2014.09.11 2011고정809 (1)
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as the representative director of G Co., Ltd. located on the seventh floor of the F building in the original city, is an employer who runs the construction business. The Defendant is a quasi-contractor who subcontracted to K Co., Ltd., the construction of reinforced concrete to K Co., Ltd., which is operated by J, among new construction works of the I military installations non-BTL in the Gangwoncheon-gun, Gangwon-do.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediately preceding contractor shall be liable to pay wages jointly and severally with the subcontractor.

The Defendant did not pay KRW 70,00,000,000 of the contract amount for April 201 under the subcontract agreement, to the said K Co., Ltd. on May 31, 2011, and the J is working at the said construction site.

The relevant parties did not pay the total amount of KRW 62,910,000,00 of the wages of 30 workers as stated in the attached Form (1) within 14 days from the date of retirement on which the date of occurrence of the payment falls, without any agreement on extension

Accordingly, the Defendant, as a direct contractor, did not comply with the obligation to pay the total of KRW 62,910,000 to 30 workers in the attached Form (1) used by the J jointly with the above J.

In addition, the defendant is the representative director of G Co., Ltd. in the seventh floor of the F Building in nuclear power plant in nuclear power plant in nuclear power plant. The defendant is a direct contractor who subcontracted to K Co., Ltd., which is operated by J in the construction of the I military facilities non-TL (BTL) in nuclear power plant in nuclear power plant in nuclear power plant in nuclear power plant.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediately preceding contractor shall be liable to pay wages jointly and severally with the subcontractor.

The defendant did not pay KRW 70,000,000 to the above K as the contract amount for April 201 under the subcontract agreement, and the above J did not pay it.

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