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(영문) 광주지방법원 2017.06.09 2017고정249
근로기준법위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Defendant B is the actual manager of G in Seo-gu, Seo-gu, Gwangju, who was executed with 50 full-time workers by subcontracting the temporary installation of J University Egymnasium A and the steel reinforced concrete construction work from J University Egymnasium A.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties to the extension of the payment date.

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

Nevertheless, the Defendant, from December 30, 2015 to January 12, 2016, failed to pay KRW 1,350,000 to the Plaintiff’s wages of KRW 1,610,000,000 for 15 workers, as indicated in the list of crimes in the attached Table, did not pay 7,610,000 for the total wages of 15 workers within 14 days from the date of retirement without agreement on the extension of the date between the parties

2. As the representative director of H Co., Ltd. on the Seo-gu K and the second floor in Gwangju-gu, Defendant A is a quasi-exclusive contractor who subcontracts to G representative who does not have a construction business license for temporary and steel reinforced concrete construction work during the extension work at J University Sports Hall-dong.

Where a construction business is conducted two or more times of a contract defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally with a sewage supplier and shall be jointly and severally liable to pay wages to workers employed by a sewage supplier.

Nevertheless, the Defendant, from December 30, 2015 to January 12, 2016, did not pay KRW 1,350,000 to the Plaintiff’s wages of KRW 1,50,000,000 for 15 workers, as indicated in the list of crimes in the attached Table, but delayed payment of KRW 7,10,000 for the total wages of KRW 15,00,000,000 for employees. However, the payment date is extended on the ground that the construction

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