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(영문) 수원지방법원 2019.07.09 2019고단637
근로기준법위반
Text

Defendant

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

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

Reasons

Punishment of the crime

1. Defendant A is a personal constructor residing in Gwangjin-gu Seoul Special Metropolitan City’s 2nd floor and was a new E construction site located in Sungsung-si D around March 2018 and subcontracted part of the above construction work from F without a construction business license to ten full-time workers from around March 14, 2018 to 10,000,000 won.

8. It is an employer who performed steel reinforced concrete works by the end of 22.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant from April 1, 2018 at the above workplace to the same year.

7. Until May 31, 2018, G workers who were employed in daily work and retired from office were not paid KRW 64,754,670 for the total amount of wages of 10 retired workers, including KRW 4,130,00 in May 2018 and KRW 8,050,00 in July 2018 and KRW 3,920,000 in July 201, as indicated in the separate list of crimes, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. Defendant B is the representative director of F, Co., Ltd. F, Ltd., in Yangyang-gu H and I at the same construction site as set forth in the preceding paragraph, who is an individual constructor who has no license for the construction business of steel reinforced concrete among subcontracted works from J, Co., Ltd. at the same construction site as set forth in the preceding paragraph, and entered into a subcontract in the form of KRW 1.479 billion.

Where a construction business is subcontracted two or more times, and a subcontractor who is not a constructor under the Framework Act on the Construction Industry fails to pay wages to workers employed by him/her, the immediate upper contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

Nevertheless, the defendant is a direct contractor A, and he is like the preceding paragraph.

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