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(영문) 광주지방법원 2018.05.10 2017고단4050
근로기준법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Partial 4050 of the Highest 4050] The defendant is a representative director of D in Naju City Co., Ltd. who runs a construction business with 50 full-time workers.

The Defendant did not pay KRW 570,000 of the wages of the retired worker E (the re-worker No. 12 once a year in the annexed crime list) from April 10, 2017 to June 7, 2017 at the same place of business within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

[2018 Height 445] Where a project has been contracted for construction two or more times in a construction business, if a constructor who is not a construction business registered fails to pay wages to his/her employees, the immediate upper-tier supplier shall be jointly and severally liable with a sewage supplier for the wages of workers employed by the sewage supplier.

As the representative director of Naju-si Co., Ltd. D, the Defendant is a direct contractor who subcontracted the type mold, rain, steel bars, and other snow construction to G who did not register construction business under a contract for construction of reinforced concrete on the land of the Nam-gu Seoul Metropolitan City, Nam-gu.

G, which is the Defendant’s sewage level, worked as a non-official at the construction site of the above commercial building from April 8, 2017 to April 11, 2017, and retired workers H’ wage of 80,000 won in April 2017, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as well as 4,150,000 won in the aggregate of seven workers’ wages, as shown in the attached Table 2 of the List of Crimes.

Summary of Evidence

[2017 Highest 4050]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. A list of inspection of the number of visitors (2018 high group 445);

1. Statement by the defendant in court;

1. The police in relation to G.

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