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(영문) 서울서부지방법원 2016.05.12 2015고정1693
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an individual constructor who employs four full-time workers at the construction site of Songpa-gu Seoul Metropolitan Government apartment C, and is an employer who performs the work of painting.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the payment date may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay 650,000 won from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, which was retired on August 29, 2014 to September 11, 2014.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Details of confirmation of facts, such as telephone (record No. 15, 29, 34 pages);

1. The Defendant asserts that the details of the passbook transaction [the Defendant only worked as daily workers at the construction site of the apartment C apartment site contracted by E, and did not receive any subcontract, and is not the employer of D.

However, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant’s assertion is rejected, since it is recognized that the Defendant received a subcontract from E for painting work among the C Apartment E (hereinafter “instant construction”) and hired four workers, such as D, and carried out painting construction work.

(a) E is between a person operating F and the Defendant, who knows that he was aware of the fact that he had subcontracted another construction site to the Defendant.

E received a contract for the instant construction work around August 2014 and requested the Defendant to leave the painting construction work during the said construction work verbally.

B. Of the instant construction works, in the case of any other process, such as wooden works implemented directly by E, E, shall be the relevant process.

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