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(영문) 대구지방법원 김천지원 2016.12.13 2016고정453
근로기준법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B as the representative director of Do, Kimcheon-si Etel construction work, Kimcheon-si Etel construction work, which was contracted by F corporation, and ordered G representative H without a construction license. The above H subcontracted the mold construction work among the above construction work to Defendant A, the first representative without a construction license.

1. Defendant A worked as a tree at the above construction site from October 29, 2015 to January 31, 2016, and the retired employee J’s wages of 1,560,000 won on December 2, 2015, as stated in the separate sheet of the money and valuables in arrears, and did not pay 42,264,000 won for the total wages of 16 retired workers within 14 days from each retirement date on which the cause for the payment occurred, without any agreement between the parties to the extension of the payment date.

2. In case of Defendant B construction business, where a business has been subcontracted under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act has failed to pay wages (limited to wages arising from the relevant construction works) to his/her workers, he/she shall be jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor;

Nevertheless, the Defendant employed by the above A and worked as a tree during the above construction site from October 29, 2015 to January 31, 2016, and was retired workers J’s wages of 1,560,000 won on December 2, 2015, as stated in the attached Form’s statement of delayed payment, and did not pay the total of 42,264,000 won to the retired workers within 14 days from each retirement date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each police statement of K, J, L, and M;

1. Each complaint;

1. Response to whether the construction business is registered;

1. Each construction contract;

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