logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2012.08.23 2012고정1092
근로기준법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The status C of Defendant, B, and C is the representative of the D Co., Ltd. at the time of the racing, who is a contractor awarded a contract for a pelling construction work from the Oenna Construction Co., Ltd. at the site of apartment construction works located E in Guri-si with 30 regular employees.

On April 1, 2011, without a construction business license, the Defendant was awarded a subcontract for reinforced concrete construction work from the said C at the construction site of apartment complexes located in the same Guri-si E without a construction business license to 1.8 billion won.

B as an individual building business operator on August 201, 201, he/she is an employer who, without a construction business license, has employed 11 full-time workers at the construction site of the above apartment building located in the Guri-si, E, and Defendant A has constructed the subcontracted reinforced concrete construction work at 1.7 billion won by re-subcontract.

2. B worked at the above construction site from August 14, 201, and did not pay 26,680,000 won for the total wage of 11 employees, as shown in the attached list of crimes, as well as 3,240,000 won, retired from September 8, 2011, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties concerned on the extension of the due date for payment.

3. Crimes by defendants;

(a) Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor;

The Defendant did not pay to the above B the payment of the payment for the completion money under the subcontract as the direct contractor of the above B, at the date, place, and in the above paragraph (2) above, even though he was partially paid the payment for the completion money under the subcontract from the above C, and eventually, the Defendant did not pay the total sum of KRW 26,680,000 to the above B, including F, within 14 days from the date of retirement as of the date

Accordingly, the Defendant did not pay wages to the above F, etc. jointly and severally with the above B.

B. The Defendant from April 1, 201 to the point of view.

arrow