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(영문) 인천지방법원 2014.09.18 2014고단1786
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Where a construction business is subcontracted two or more times and a subcontractor who is not a constructor fails to pay wages to his workers, the immediate upper contractor shall be jointly and severally liable with the subcontractor for the wages of workers employed by the subcontractor, and where the immediate upper contractor is not the constructor, the immediate upper contractor shall be liable for the wages of workers employed by the subcontractor from among the upper contractors.

The Defendant, as an actual manager of the nuclear power plant T Co., Ltd. (the construction business license), was awarded by U General Construction Co., Ltd. a contract from U General Construction Co., Ltd. for reinforced concrete construction work located in Nam-gu, Incheon and subcontracted construction work to X without a construction business license, and the above X entered into a subcontract to Y and Z without a construction business license.

The Defendant did not pay KRW 27,840,00 of the wages of KRW 19 as indicated in the attached Table (1), including KRW 2,40,00 on December 12, 2012, which was employed by the subcontractor at the construction site and worked as a steel supply during the period from January 4, 2012 to March 5, 2013, within 14 days from the date of the occurrence of the cause of the payment without consultation on extension of the due date between the parties concerned, as described in the attached Table (1). The Defendant did not pay KRW 27,840,00 of the wages of KRW 19, as stated in the attached Table (2), within 14 days from the date of the occurrence of the cause of the payment. The subcontractorY employed the above construction site and employed the subcontractor as the above construction site and worked as a mold mold from January 22, 2013 to March 16, 2013.

Accordingly, the Defendant did not pay a total of KRW 45,690,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the K, Z, C,Y, and X (Evidence List 5, 9, 11, 14, and 15);

1. Each written statement of C and AC;

1. Application of the Act and subordinate statutes on the dismissal of wages, subcontract documents, etc., content certification, and statement of labor cost payment;

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