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(영문) 대구지방법원 영덕지원 2019.01.23 2018고단230
근로기준법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual representative of C and D Co., Ltd. in the third floor of the Seogu-gu building B, the Gyeongbuk-gun E and Multi-household Loan Construction Corporation (hereinafter “G Corporation”), the Newly constructing multi-household housing located in H (hereinafter “H”) and the Posi Construction Corporation located in Posi-si I (hereinafter “I”).

J is an employer who has finally re-subcontracted the structural part of G construction without a construction business license through K and L without a construction business license under the Defendant’s contract, and M is an employer who has finally re-subcontracted the structural part of H construction without a construction business license through K and L without a construction business license under the Defendant’s contract.

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

1. The Defendant violated his duty to jointly pay wages to the workers employed by the J, and the contractor who finally re-subcontracts the structural part of the G construction from the Defendant to the contractor who was finally re-subcontracted, did not pay the total of KRW 23,310,000, including five workers, within 14 days from the date of each retirement, as shown in the attached Table 1 of Crimes List 1.

2. The Defendant violated his duty to jointly pay wages to the employees employed by M, and the part concerning the molding construction from the Defendant during H construction and the part concerning the I construction is finally re-subcontracted by the contractor who was finally sub-subcontracted by the contractor, shall be subject to the attached Form

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