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(영문) 광주지방법원 2018.05.04 2016고단5803
근로기준법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 5803 - Defendant A, Defendant B] is a person who operates a corporation I (former mutually J Co., Ltd.) that had registered construction business around March 25, 2009 as a type of business with eight full-time workers employed in Southern H.

On August 2015, I Co., Ltd. was awarded a contract for the construction of a N-M Y and four lots of N-M in the Namyang-gun M et al.

Defendant

A is a person who employs 30 full-time workers without a construction business license and engages in a construction business, and has been awarded a subcontract for the construction business by around August 24, 2015.

1. Defendant A’s violation of the Labor Standards Act included the sum of KRW 1,800,000 for the part of February 18, 2016 to March 22, 2016, and KRW 4,680,000 for the part wages of KRW 1,80,880,000 for the part wages of February 2, 2016 and the part wages of KRW 2,880,00 for the part wages of March 2, 2016, as indicated in the list of crimes in the attached Table (Provided, That this does not include KRW 1,7,12,22, and 25 for each party’s total wages of KRW 44 workers retired from the above construction site, and did not pay KRW 98,76,00 for the part of each party’s retirement from the date of retirement without agreement on the extension of payment period between the parties concerned.

2. Defendant B’s violation of the Labor Standards Act, including KRW 4,680,00 in total, and KRW 4,680,00 in the amount of wages of KRW 1,80,00 on February 18, 2016 and KRW 2,80,00 in the amount of wages of KRW 2,80,00 in March 2, 2016, who were employed at the above construction site from February 18, 2016 to March 22, 2016 by employees who were employed at the above construction site, and did not pay KRW 1,7,12 through 19,22, and 25 in the daily list of crimes in the attached Form (excluding No. 1,7,12 through 19,22, and 25 annually).

Therefore, the defendant is the above-mentioned A, who is the sewage level in the penta Corporation that has been awarded two or more contracts in the construction industry.

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