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(영문) 춘천지방법원 2018.09.12 2018고단535
근로기준법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is an individual employer who, from March 13, 2017 to March 13, 2017, performed steel works at the site of new housing construction works in Chuncheon City without a construction business license and is an employer.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,790,00 of the D’s wage of KRW 2,790,00, which was worked from April 2, 2017 to June 29, 2017 as well as KRW 23,290,000 for the total wages of 11 retired workers, as described in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment date.

2. Defendant B is the actual management owner of F Co., Ltd. in the second floor of the building in Namdong-gu Incheon Metropolitan City E, and the construction of the new house in the foregoing paragraph 1 stated in the G indictment as “G Dispute Resolution” but as G is a natural person, it shall be revised as above.

In March 13, 2017, there is no construction business license from the contracting party, and re-subcontracted in the amount of KRW 77 million to the above A without a construction business license on March 13, 2017.

Where a construction business has been subcontracted two or more times, and if a constructor fails to pay wages to workers employed by a subcontractor who is not a constructor, the immediate upper-tier supplier shall be jointly and severally liable with the sewage supplier for the wages of workers employed by the sewage supplier.

Nevertheless, the Defendant did not pay 23,290,000 won, including 2,790,000 won, of the wages of 11 retired workers as stated in the list of crimes in the attached Table, at the time and place of the above paragraph (1) above, which is the Defendant’s sewage level, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Defendants’ respective legal statements 1.

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