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(영문) 울산지방법원 2015.10.15 2015고단1867
근로기준법위반
Text

Defendant

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

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B As the representative director of D Co., Ltd. 202 in Busan river-gu C building 202, the employer who runs the construction business, and sub-subcontracted the construction work of G apartment under construction in Ulsan-gu F from the original E Co., Ltd. (hereinafter “instant construction”) to Defendant A, an individual constructor who has no construction business license, after being awarded a contract for G apartment construction work in Ulsan-gu F.

1. Defendant A is an employer who runs a personal construction business using 30 full-time workers at the Ulsan Blue Space.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 86,708,498 won in total, including 33 workers’ wages and other money and valuables, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as stated in the attached crime list, in the instant construction site located in Ulsan-gu, Ulsan-gu, and the instant construction site, from October 2013 to December 2, 2013, including 4,209,500 won, such as wages and other money and valuables of retired workers H, and 33 employees’ wages and other money and valuables.

2. Defendant B is an employer who runs a construction business with nine full-time workers as the representative director of D, a corporation with No. 202 of the Busan Western-gu C building 202.

Where a construction business is subcontracted two or more times, and a subcontractor who is not a constructor holding a construction business license fails to pay wages to his/her workers, the immediate upper tier contractor shall pay wages to the workers employed by the subcontractor jointly and severally with the subcontractor.

As mentioned above, the Defendant re-subcontracted the part of the instant construction project contracted by E Co., Ltd. to A, an individual constructor who has no construction business license. A is at the site of the instant construction project located in Ulsan-gu, Ulsan-gu, and at the site of the instant construction project, and on 2013.

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