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(영문) 창원지방법원 통영지원 2017.12.14 2016고단2065
근로기준법위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. Defendant A is an employer who, without filing for business registration, performed “the construction of steel reinforced concrete construction works for the construction of the F apartment at the time of string,” as the employer from December 1, 2015 to May 2016.

An employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of the occurrence of the causes for the payment of wages, compensations, and other money and valuables at the time of the employee's retirement, but the Defendant did not pay the total of 30,265,00 won of the retirement worker's wages as stated in the list of crimes in the attached Form, including KRW 630,00 in March 1, 2016 at the above workplace and KRW 30,265,000 in total, as stated in the list of crimes in the attached Form, within 14 days from the date of retirement without agreement between the parties to the extension of the payment period (Defendant A and his defense counsel were to act as the manager at the construction site upon request of Defendant B, the representative director of H corporation, and did not have any status as the employer.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court: (a) Defendant A appears to have agreed to re-subcontract the construction site of this case to Defendant A after preparing a written waiver of construction work on December 1, 2015; and (b) Defendant A actually operated the construction site of this case after considering the fact that Defendant A received a subcontract for the steel reinforced concrete construction work from Defendant B from Defendant B; and (c) Defendant A and his defense counsel’s assertion is sufficiently recognized; (d) Defendant A and his defense counsel’s assertion is not accepted on December 2, 2015; (e) Defendant B had the main office of 104, K Building at Won-si, the main office of which is 104, and the construction of steel reinforced concrete construction work at the 2,810,50,00,000 won after obtaining a license from Cheong (ju) and around 10,005, 205, 2015.

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