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(영문) 대전지방법원 2018.06.22 2016고정1498
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and D are the employers who jointly perform tree planting works from March 10, 2014 to October 31, 2015 after receiving a subcontract for tree planting works in KRW 1,164,00,000 from the E New Construction Project (E) 1,164,00,000 from the comprehensive landscaping in the city of Sejong Special Self-Governing Province, using seven full time workers, and the Defendant is the employers who employed workers from April 2015 to the end of July 2015 and performed tree planting works in the F Green Area located in Ansan.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, from April 1, 2014 to July 8, 2015, G retired from the following day’s work as a tree planting service, the amount of KRW 170,000 for wages of July 7, 2015 of G, H’s wages of KRW 980,000 for July 7, 2015, and wages of KRW 280,000 for August 8, 2015, and the amount of KRW 280,000 for wages of KRW 3,430,000 for workers, including three workers, including wages of KRW 2,00,000,00 for wages, from April 1, 2015 to July 2015, the J’s retirement from the work site, did not pay the total of KRW 3,430,00 for the extension of payment period, without the agreement of the parties concerned.

Summary of Evidence

1. Partial statement of the defendant (as at the seventh public trial date);

1. Statement by the witness J in the second public trial records, and statement by witness D and G in the fourth public trial records;

1. Work confirmation, non-guaranteed contract and receipt, details of e-mail payment, details of payment, proof of each content, contents of consultation on December 7, 2015 (G and H have worked in E field since this period, and the Defendant was able to pay KRW 3 million to G in terms of personnel expenses for repair of defects on April 30, 2015, and the summary of the oral argument dated November 1, 2017, at the direction of G, 20 pages 20 pages, L, and H conducted repair and maintenance work under the direction of D.

Even the defendant is D.

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