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(영문) 대전지방법원 천안지원 2015.05.15 2014고단1424
근로기준법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment for four months, and imprisonment for Defendant C and D for six months.

2...

Reasons

Punishment of the crime

The portion of innocence and dismissal of prosecution were excluded, and the facts charged were appropriately revised.

1. Defendant A is an employer who ordinarily employs 51 workers, after being awarded a contract for 1 billion won for the structural frame mold construction from the owner X among urban living-type housing construction works from the owner X at two sites, such as the project owner X, Seo-gu, Seoan-gu, Seocheon-si.

Nevertheless, the Defendant is working at the same workplace from March 1, 2014 to April 10, 2014.

On March 2014, wage of 600,000 won for retired workers, as well as wage of 7 through 11, 13 through 19, 21 through 35, and 37 through 50 of the annexed crime list 1, the total amount of wage of 41 retired workers was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. Defendant B and Defendant B are the employers who run a construction business with 27 full time workers awarded a subcontract of KRW 87,000,000 among the above construction works from Defendant A in two sites, including Seo-gu, Seoan-gu, Seoan City. Defendant A is the direct contractor of Defendant B.

When a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and where the business is conducted based on several series of subcontractings and the subcontractor fails to pay wages to workers due to any cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor concerned.

Nevertheless,

A. Defendant B is working in the same workplace from January 20, 2014 to March 20, 2014.

On March 3, 2014, wages of 3,760,000 won for retired workers and 12, 14 through 18, 20, 21, 23 through 25, 36,160,000 won for 23 retired workers, as described in the list of offenses, are related to the extension of the due date for payment between the parties.

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