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(영문) 서울남부지방법원 2018.01.31 2017고정108
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, as an individual constructor, is an employer who performs a wooden construction work at the site of the Do extension project located in Gyeonggi-gu, the site of the new construction project in Yangcheon-gu Seoul Metropolitan Government, the G construction site located in F at the Namyang-si, the Gyeonggi-gu H new construction site at the Gyeonggi-gu, Seoul Metropolitan Government.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 5,00,000 for monthly wages of September 2, 2015 to I who retired workers from the said construction site from around June 24, 2015 to October 2, 2015, within 14 days from the date of retirement without agreement on the extension of payment deadline.

Summary of Evidence

1. Legal statement of a witness I and J;

1. Statement made by the police complainant with I (2j);

1. A detailed statement on the labor status of a wooden team and a claim for daily labor expenses on September 2015;

1. Letter of direct agreement related to the payment of labor cost, wage payment confirmation, and labor cost for October in the daily employment;

1. The defendant and his defense counsel asserted that he was not obligated to pay monthly wages on September 2, 2015, since he was employed directly by peace Construction Co., Ltd. at the site of the D additional construction works in Gyeonggi- C, and thereafter, he was allowed to perform the work of cutting trees at the Dong. However, according to each of the above evidence submitted by the prosecutor's office, the defendant was sub-subcontractd from the Peace Construction Co., Ltd. on July 2, 2015 with the type mold and Mambre Construction (hereinafter "the construction of this case"), and the fact that the defendant left the site of the construction of this case after September 20, 2015, which led to direct payment of labor costs and differences between peace Construction Co., Ltd. and the defendant performing the construction of this case, and that the defendant left the site of the construction of this case on September 20, 2015, including the construction of this case on September 20, 2015.

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