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(영문) 서울중앙지방법원 2018.10.04 2018고단2700 (1)
근로기준법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who operates a building business while operating Seocho-gu Seoul Metropolitan Government C Building or E Co., Ltd. in subparagraph D.

E Around March 13, 2017, after receiving a contract from FF Co., Ltd. for the “New Building Construction Work in Gangnam-gu Seoul Metropolitan Government”, the E Co., Ltd. subcontracted the said construction work to H “rest and concrete construction work.” On April 1, 2017, H re-subcontracted the “marging construction work” among the “rest and concrete construction work.”

One Part I and H are not a constructor defined in the Framework Act on the Construction Industry.

Where a construction business has been awarded a contract under the Framework Act on the Construction Industry for two or more occasions, if a constructor who is not a constructor prescribed by the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper-demander shall be jointly and severally liable with a sewage constructor to pay wages to his/her workers employed by the sewage constructor, and if the immediately upper-tier contractor is not a constructor prescribed by the Framework Act on the Construction Industry, the lowest constructor from among the upper-tier contractors shall

I, from April 5, 2017 to June 19, 2017, worked for the above construction site and did not pay KRW 2,024,000 to retired workers J within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as stated in the list of crimes in the attached Table, including that the total amount of wages to 21 workers was not paid within 14 days from the date of retirement.

As above, with respect to construction works for which two or more contracts have been made, the defendant did not pay wages to the above workers jointly with I and H, even though he/she is the subordinate contractor among the top contractor of I who is a sewage level defined in the Framework Act on the Construction Industry, which is not a constructor defined in the Framework Act on the Construction Industry.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1.Each.

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