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(영문) 창원지방법원 통영지원 2017.08.23 2016고단1696
근로기준법위반
Text

Defendants shall be punished by imprisonment for four months.

However, as to the Defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is an employer who runs a vessel vessel processing business with approximately 30 full-time workers in the name of E in the name of E in the city of Gyeongnam-si.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, Defendant A worked as a worker in the foregoing workplace from March 10, 2016 to April 15, 2016, and was retired from office on March 2016, 2016, and Defendant A did not pay KRW 41,092,00,00,00,00 of FF’s retired from office within 14 days from the date of the occurrence of the relevant payment cause without agreement between the parties on the extension of the payment date.

2. Defendant B is a full-time worker with approximately one hundred and fifty (150) full-time workers in the name of D (State)G located in Gyeongnam-si, and Defendant B is a direct contractor who subcontracts the installation of pipes and steel stuff construction to A running E.

Where a project is implemented based on several tiers of contracts, if a subcontractor fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper tier contractor shall be jointly and severally liable with the relevant sewage supplier.

The Defendant did not pay KRW 80,561,00 on March 1, 2016 under a subcontract, and KRW 23,964,50 on April 11, 2016 without justifiable grounds, and did not pay KRW 23,964,50 on March 11, 2016 of his/her employee F, and the Defendant did not pay KRW 4,5,7,10,12,14,15,17-2, and 13 workers’ wages on April 2016, as from March 14, 2014, without an agreement between the parties on the extension of the payment date.

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