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(영문) 의정부지방법원 고양지원 2021.01.07 2020고단607
근로기준법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B From the date of strike to C, the representative director of G Co., Ltd. who has subcontracted the pel New Construction and the F New Construction and Construction “E-F-F-F-form Construction and Works” in D, and the Defendant A is a user who has subcontracted each of the above construction works by G Co., Ltd. with each of the following sub-subcontracts.

1. Defendant A had worked in the said new construction site from March 24, 2019 to June 29, 2019, and had retired from the Defendant paid KRW 4,280,000 of H’s wages in May 2019, and KRW 9,030,000 of the wages in June 2019 between the parties without any agreement on the extension of payment deadline between the parties, and did not pay within 14 days from the date of retirement, as described in Articles 1-12, 16, and 17 of the attached Table of Crimes (total of KRW 56,200,00) to 14 workers, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. Where a business has been subcontracted for construction work two or more times in Defendant B, if a constructor who is not a constructor fails to pay wages to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;

The Defendant, as described in paragraph 1, subcontracted the molding construction among the foregoing new construction works to A who is not a constructor, and the Defendant did not pay each of the wages (total of KRW 78,089,000) to 18 workers, as described in the schedule of crime in attached Form A, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned, and thus, the Defendant did not pay the above wages jointly and severally with A even though there was a liability to pay them.

Summary of Evidence

[Defendant A] Each of Defendant A’s witness I and B’s respective legal statements made in the Special Judicial Police Suspect Examination Protocol against Defendant A, I, J, and B.

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