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(영문) 서울중앙지방법원 2019.11.28 2019고단3166
근로기준법위반
Text

A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to a suspended sentence of one year for six months by violating the Labor Standards Act at the Seoul Central District Court. On October 11, 2017, the judgment became final and conclusive.

The Defendant, the representative director of the Company B, around August 4, 2014, was awarded a contract with C for the interior work of KRW 4,804,05,00 for the cost of construction among the “E Construction Work” in Seongbuk-gu, Changwon-si, Sungwon-si, and that among them, he was awarded a contract with C for KRW 4,804,00 for the construction work. The film sector is “F”; the film sector is “G”; the film sector is “J”; the glass sector is “J”; the wooden sector is “K”; the painting sector is “K”; the painting sector is “K”; the seal sector is the “stock company L; the other sector was the “stock company”; but all of the aforementioned sewage companies did not constitute a constructor, since the construction business is not registered under the Framework Act on the Construction Industry.

1. Where an employer who has employed a worker dies or retires, the employer shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except in extenuating circumstances;

The Defendant, from August 1, 2015 to September 30, 2015, did not pay KRW 2,160,000,00 for each worker’s five wages as indicated in the attached Table of Crimes (1), including the amount of KRW 990,00,00 of wages of retired workers N, while cleaning at the site of the said E-Construction Corporation from August 1, 2015 to September 30, 2015, within 14 days from each retirement date, without any agreement on extension of

2. Where a project has been carried out through a contract for construction business for which wages of workers employed by a subcontractor are unpaid on two or more occasions and the subcontractor who is not the constructor fails to pay wages to workers employed by him/her, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally.

The Defendant at the above “E Construction Work site” and from August 5, 2015 to September 5, 2015.

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