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(영문) 의정부지방법원 고양지원 2018.08.08 2018고단918
근로기준법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A as the representative of the F Co., Ltd. in Jung-gu Seoul Metropolitan Government, Defendant A is an employer who was awarded a subcontract for construction work with KRW 315,700,000 of construction cost on June 3, 2016 by receiving KRW 315,70,000 from the construction cost of construction work at the site of new accommodation (gelel) outside Tae-nam-gun, Chungcheongnam-gun, and I from the representative director B. In addition, Defendant A is an employer who performed early construction work with nine full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 17,490,000 to the retirement worker five wages as well as KRW 2,160,000 on December 12, 2016 of J-J, who worked as a construction worker (unborn) from December 16, 2016 to December 31, 2016 at the above construction site, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Form.

2. Defendant B is an employer who is running a specialized construction business with nine full-time workers as the representative director of Gangseo-gu Seoul Metropolitan Government K and G (ju) with 402, and is a direct contractor who re-subcontracts the construction work part of the said construction work site from L (ju) to A without a construction license after obtaining a contract from L (ju) for construction costs of at least 5.15 million won.

Where a construction business has been carried out two or more occasions of a contract for construction work defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction work"), if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the aforesaid Act fails to pay wages (limited to wages generated from the relevant construction work) to his/her employees, the immediate upper-tier supplier shall jointly and severally with a sewage supplier.

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