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(영문) 부산지방법원 동부지원 2016.09.26 2016고정156
근로기준법위반
Text

Defendant

B The defendant A shall be punished by a fine of KRW 3 million, and the defendant A shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B As an individual constructor without a construction license, Defendant A, the operator of the (State) E, who performed the said construction work at the new construction site, such as a R plant in Ulsan-gun Q, Ulsan-gun, was awarded a contract for the said construction work with Defendant A, the operator of the said construction site.

When an employee retires, an employer shall pay the wages, retirement allowances, etc. within 14 days from the date on which the causes for such payment occurred, unless the date is extended by an agreement between the parties concerned, in extenuating circumstances.

In addition, where a construction business has been contracted for two or more occasions, if a sewage supplier who is not a constructor under the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper-tier supplier must pay wages to the workers employed by the sewage supplier jointly with the sewage supplier.

1. Defendant B did not pay KRW 27 million, in total, of two retired workers, including the wages of KRW 15 million from July 1, 2011 to November 30, 201, and the wages of KRW 15 million from July 1, 201 to December 15, 201, who retired from the said construction site as the on-site leader, within 14 days from the date of his retirement, without an agreement on the extension of the payment period between the parties concerned.

2. Although Defendant A paid the total amount of wages of KRW 27 million to two employees, such as the above S and T, who were employed by the joint Defendant B, who is not the constructor, not the constructor, as above, Defendant A did not pay the wages within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without the agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police against S;

1. Acts and subordinate statutes concerning the original contract, a copy of a contract for construction works, and the standard subcontract for construction works;

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