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(영문) 창원지방법원 2017.08.09 2016고정1148
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a user who employs 13 full-time workers as a representative of G with the F, 6th 613 of Busan Geum-gu, who is engaged in the manufacturing industry, and Defendant B is a person who is engaged in the construction industry as a representative of corporation I in Gangseo-gu, Busan.

Defendant

A on July 8, 2015, Defendant B was subcontracted to KRW 60,500,000 of the total cost of the pipeline construction works for WCH DF engine trial in K Co., Ltd., which is located in Seongbuk-gu J in Seongbuk-gu, Sungwon-si.

1. From August 19, 2015 to August 30, 2015, Defendant A worked at the pipeline construction site in the above KK Co., Ltd. and did not pay KRW 4,050,000 on August 8, 2015 to retired workers L within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

In addition, the Defendant did not pay the total amount of KRW 29,110,000 to seven workers, such as the list of crimes in attached Form I, within 14 days from the date of retirement, without the agreement between the parties on the extension of the payment period between them.

2. Where a business has been subcontracted out two or more occasions in Defendant B construction and a sewage constructor who is not a constructor fails to pay wages to his workers, the immediate upper-tier contractor shall pay wages to his workers jointly and severally with the sewage constructor;

Nevertheless, the Defendant did not pay KRW 40,095,00 for 12 employees as shown in the attached Table 2 through 13 table of crime (II) in September 2015, 2015, when he/she worked at the pipeline construction site in the above KK, and retired from office, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Legal statement of the witness N;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes concerning specifications of payment of daily labor costs;

1. The relevant Article of the Act and the choice of punishment concerning the facts constituting the crime;

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