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(영문) 수원지방법원 2020.02.14 2019고단5766
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Defendant A, as the representative of Gyeyang-gu Incheon Metropolitan City building C and “E” located in Gyeyang-gu F, Ansan-gu, the Defendant is an employer who has subcontracted a reinforced concrete construction construction project to the HH representative director B of the Dispute Resolution and used 16 full-time workers without a construction business license.

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

In addition, the Defendant did not pay KRW 2.7 million of wages of 14 days from the date of his/her retirement on July 2018, 2018, which he/she worked at the said new construction site from June 17, 2018 to August 9, 2018, within 14 days from the date of his/her retirement, as stated in the No. 3 and No. 15 of the Attached Crimes List No. 15.

2. Defendant B is a representative director of Gangseo-gu Seoul Metropolitan Government J building and the Kho H, who was awarded a contract for the said G construction work with the project owner L and did not register the construction work for the said G construction work for KRW 4.5 billion, and is a direct contractor who subcontracted the said construction work for KRW 700 million during the construction work.

Where a construction business is carried on two or more occasions a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediately preceding contractor shall be jointly and severally liable to pay the wages to the workers employed by the subcontractor.

As above, the Defendant was jointly and severally liable for payment of KRW 5,98,00,00 for two workers as stated in paragraph (1) at the site of new G construction project that subcontracted A, but without any agreement on the extension of the due date between the parties concerned, the Defendant is within 14 days from the date of retirement.

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