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(영문) 대구지방법원 서부지원 2018.04.24 2017고단1328
근로기준법위반
Text

Defendant

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

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

Reasons

Punishment of the crime

1. Defendant A is a representative operating Co., Ltd. D in Daegu Northern-gu C, and is an employer who runs a construction business with six full-time workers.

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, the Defendant, at the G construction site located in Daegu-gun Group E, worked from April 13, 2015 to June 30, 2016 at the G construction site, and retired from office on May 2016, 2016, the Defendant did not pay KRW 46,955,220 of the total wages of 13 workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, as stated in the list of crimes in the attached Table.

2. Defendant B is the representative director of the J Co., Ltd. located in Gwanak-gu in Seoul Special Metropolitan City, who is engaged in construction business with 11 full-time workers, and is the above A who subcontracted the above construction site construction work to the above A who operates D.

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.

From March 20, 2015 to May 30, 2016 under a subcontract agreement, the Defendant failed to pay the total of KRW 46,955,220 to the said KRW 46,95,220 on May 30, 2016, which is the payment date, without justifiable grounds, and the Defendant failed to pay the said KRW 46,955,220 to the said KRW 13 of the wages of the said worker A on May 30, 2016, as shown in the list of crimes in the attached Table, including the wages of KRW 2.46,95,220, respectively, within 14 days from the date of retirement without agreement on the extension of payment date between the parties.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to K in the police statement;

1. H. H.

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