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(영문) 서울동부지방법원 2020.05.26 2020고정349
근로기준법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a constructor registered pursuant to the Framework Act on the Construction Industry, who operates the (State)C in Gyeonggi-si.

Where a construction business is carried out on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, an immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

In March 2018, the Defendant was awarded a contract for the new construction of D Housing in Gwangjin-gu Seoul Special Metropolitan City, and was jointly and severally liable to pay wages to the employees employed by the said F during subcontracting to F who is not a constructor registered for the molding construction among them. However, the Defendant did not pay wages within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including KRW 1370,000 for G workers employed from May 21, 2019 to June 13, 2019 and KRW 469,000 for the total wages of five workers, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused and F;

1. The police statement of H;

1. A standard form subcontract agreement for construction;

1. A business owner’s confirmation of overdue wages, etc. [Defendant 2] (see, e.g., Supreme Court Decision 2009Da15488, Oct. 31, 2019). In the event that a subcontractor was awarded two or more contracts in a construction business and a subcontractor, other than the constructor, failed to pay wages to his/her employees, the subcontractor’s direct contractor is jointly and severally liable with the subcontractor, regardless of whether the subcontractor was responsible for the cause thereof or whether the subcontractor was paid the price to his/her employees (see, e.g., Supreme Court Decision

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