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(영문) 광주지방법원 2017.06.09 2017고정248
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

B The actual operator of G in Seo-gu, Seo-gu, Gwangju, is engaged in construction business without a construction business license with 14 full-time workers, and H Co., Ltd. is a person awarded a subcontract with J University Sports Center construction works in Nam-gu, Gwangju, and Defendant A is a representative director of H Co., Ltd. located in Seo-gu, Gwangju, with 20 full-time workers.

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;

The Defendant, from January 3, 2016 to January 19, 2016, did not pay 280,000 won of wages of 12 workers within 14 days from the date of each retirement without agreement on extension of payment deadline, as stated in the list of crimes in the separate sheet of crimes, to the effect that the Defendant was employed at the site of the construction of the J University Sports Center from the J University from January 3, 2016 to January 19, 2016, without any agreement on extension of payment deadline.

2. Defendant H Co., Ltd. was awarded a subcontract for some of the construction works of J University Sports Center construction from Jungdong Construction, and H Co., Ltd subcontracted the said construction works to B, other than a constructor, under the Framework Act on the Construction Industry.

Where a construction business has been contracted for two or more occasions under the Framework Act on the Construction Industry, and a sewage supplier who is not a constructor defined in the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper demand and supply worker shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.

Nevertheless, from January 3, 2016 to January 19, 2016, the Defendant’s wages of KRW 2.88,000,000 employed by the subcontractor B at the site of the construction of the J University Sports Center.

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