(영문) 대구지방법원 포항지원 2015.09.23 2014고정544

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(영문) 대구지방법원 포항지원 2015.09.23 2014고정544

근로기준법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of D, a corporation that is engaged in the construction business in Nam-gu, Nam-gu, and is a direct contractor who receives a contract for the parts of the mechanical works from among the scco electric equipment repair works contracted by sccopex, Co., Ltd. to sccopex, and further subcontracts them to E representativeF.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor.

Nevertheless, even if the Defendant received the construction cost from Macopex, he did not pay 10,375,000 won of G which was retired on November 1, 2013 as the subcontractor, within 14 days from the withdrawal date of G, and did not pay 47 workers totaled 169,045,000 won within 14 days from the withdrawal date as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each police statement of G and H;

1. According to the evidence duly adopted and examined by this court, the defendant discussed about the liquidation of wages with the representative G, etc. of workers around November 10, 2013, and at least at least it appears that he/she was aware of the number of wages to be settled at that time, the fact that he/she did not pay wages within 14 days thereafter without an agreement on the extension of the due date.

In addition, even though the defendant and the Port Office of the Pocopol and the Korea Plant Construction Workers' Pospons made at the time of the agreement on the payment of wages around December 10, 2013, the defendant and the Korean Plant Construction Workers' Pospons did not make any statement to the effect that the workers' wages are excessive and thus the settlement of accounts is necessary, they can be acknowledged that the reduced amount was remitted to the

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