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(영문) 전주지방법원 2014.04.16 2013고정1062
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is an individual constructor who, without a construction business license in the field of “D Hospital Construction Project” located in the Jeonsi-gu Seoul Special Metropolitan City, was awarded a subcontract with the representative of the Dispute Resolution Co., Ltd. to engage in the field of Changho Construction Project on October 22, 2012, the term “Seoul Northern District Library and the Education Center New Construction Project” on October 11, 2012; and on December 19, 2012, Defendant A is an individual constructor who was awarded a subcontract with six full-time workers on December 46, 2012 and performed the Changho Construction Project from October 15, 2012 to January 22, 2013.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables in whole within fourteen 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 14 days from the date of retirement without an agreement between the parties to the extension of the payment date, including F’s wage of KRW 4,650,00,00, working for the said construction site from October 15, 2012 to January 22, 2013, on the ground that Defendant A failed to receive the progress payment (amount already paid) from Defendant B, as well as KRW 11,585,00,000, total wage of KRW 14 days from the date of retirement.

B. Defendant B, with five full-time employees in the office managers of the Kim Jong-si Dispute Resolution Co., Ltd. Co., Ltd., Defendant B, using five full-time employees, subcontracted the construction of metal, etc. among D Hospital Construction Co., Ltd. (1), 495,000,000 among D Hospital Construction Co., Ltd. (2), 465,00,000,000, metal, etc. among the construction works of the Jeonbuk-gu Library and the Education Center New Construction Works (2) from the representative of the International Dispute Resolution Co., Ltd., and 422,94,000,000 in metal construction works (3) from the representative of the Dispute Resolution Co., Ltd. Co., Ltd., and performed construction works without a construction license to Defendant A, who did not obtain a construction license, with KRW 55,5,00,000 in the field (1) and KRW 17 million in the field (2), and KRW 46 million in the field

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