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(영문) 수원지방법원 평택지원 2016.04.22 2015고정517
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B as an individual constructor, 15 full-time workers work for the F drainage area located in Pyeongtaek-si E from G Co., Ltd. (hereinafter “G”). Defendant A is a representative director of G in Gyeonggi-gu H, which is in Gyeonggi-si H, and is a party directly subcontracted the above F drainage area construction work to Defendant B who is not a registered constructor.

1. When a worker dies or retires, the employer of the defendant B shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Even so, the Defendant did not pay the total of KRW 13,150,000 to 14 employees, as shown in the list of crimes in the attached Form, as well as KRW 1,140,000 for retired workers I, working at the above construction site from February 20, 2014 to July 30, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Where a business has been subcontracted under Article 2 subparagraph 11 of the Framework Act on the Construction Industry for at least two occasions in Defendant A construction business, 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 (limited to wages arising from the relevant construction works) to his/her employees, a person directly responsible for the supply and demand of such wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;

In other words, the defendant is jointly and severally with the above construction site B and has a duty to pay the total of KRW 13,150,000 to the retired workers 14, as shown in the list of crimes in the separate sheet of crimes, although the defendant is obligated to pay the total of KRW 13,150,000 to the retired workers 14, as shown in the list of crimes in the separate sheet of crimes.

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