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(영문) 광주지방법원 순천지원 2015.08.05 2015고단557
근로기준법위반
Text

Defendant

A shall be punished by a fine of KRW 2,500,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is an individual constructor who was awarded a subcontract of KRW 151,961,00 to KRW 151,961,00 in the field of telecommunications construction without a construction business license from Defendant D, the actual manager of Defendant D Co., Ltd., and used five full-time workers to perform field aggregates and subcontracted construction from February 2, 2013 to May 2013.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables 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, even though Defendant A received an amount 597,000 won out of the progress payment of KRW 151,961,000 for the subcontract from Defendant B, Defendant A did not pay the total of KRW 14,040,000 for the period from February 13, 2013 to May 26, 2013 as wages of KRW 2,080,00 for the period from February 13, 2013; and KRW 4,030,000 for the portion of March 3, 2013; KRW 3,90,000 for the portion of April 2, 2013; and KRW 4,030,00 for the five portion of May 1, 2013; and

2. Defendant B is a direct contractor who entered into a subcontract with KRW 151,961,00 for the structural part of the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part of the structural part and the structural part of the structural part of the structural part

Where a construction business has been conducted two or more times under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "construction contract"), a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to the wages generated from the relevant construction works) to his/her workers.

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