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(영문) 인천지방법원 2018.08.13 2017고단8184
근로기준법위반
Text

Defendant

C In six months of imprisonment, Defendant A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

Reasons

Punishment of the crime

Defendant

A is an employer who has performed the said construction work with 10 full-time workers awarded a subcontract from Defendant C with the “F Multi-Family Housing Construction Project” in Incheon City E.

Defendant

B is an employer who performs the said construction work with a subcontract from Defendant C and employs 17 full-time workers.

Defendant

C As the representative director of I Co., Ltd. established for the purpose of the construction business, etc. located in Geumcheon-gu Seoul Metropolitan Building and H, the non-permanent construction sector is subcontracted by J to Defendant A and the non-permanent construction sector is sub-subcontracted to Defendant B, and Defendant A and Defendant B are in the direct demand and supply position.

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

Nevertheless, the Defendant did not pay 67,441,00 won, including 1,30,000 won for retirement workers, including 1,300,000 won for the part of January 6, 2017, from January 6, 2017 to January 27, 2017, as well as 67,41,00 won for the total wages of 11 retired workers, such as the above K, within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties.

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

Nevertheless, the Defendant, at the site of the above installation work, worked as a proxy between June 1, 2016 and January 15, 2017, and as shown in attached Form 2,040,000 won of L of retired workers, including L of 2,040,000 won, as well as the money and valuables in arrears for each individual (excluding No. 14 once a year).

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