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(영문) 인천지방법원 2017.10.19 2017고단3082
근로기준법위반
Text

Defendant

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

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

Where a project is implemented based on several tiers of contracts, if a subcontractor fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper tier contractor shall be jointly and severally liable with the relevant sewage supplier.

Defendant

B The repair work of “ Q Q” for a vessel of KRW 110 million from P, the owner of the vessel, 72.48m in length, 26.10m in width, 3.70m in height, 1,729m in gross tonnage, and the repair work of the vessel of KRW 110,000,000 in the repair cost. Defendant A is a representative of the vessel processing company “R” and was subcontracted for repair work of KRW 110,00,000 in the repair cost from Defendant B.

1. Defendant A did not pay KRW 5,950,00 in total amount of wages of KRW 4,760,00 in June 6, 2016, including KRW 1,950,00 in the amount of wages of KRW 5,950,00 in the amount of wages of KRW 5,950,00 in July 2016, as stated in the list of crimes in the separate crime crimes, 5,7,8,8,11 through 14, as well as wages of KRW 16,265,00 in the total amount of wages of seven workers, 7 workers, 265,00,00 in the period of payment between the parties, without any agreement on the extension of the period of payment between the parties.

2. Defendant B, who was awarded a contract for vessel repair work from P and subcontracted to Defendant A, did not pay the remainder of KRW 32,40,000 out of the repair cost of KRW 110,000,000 to Defendant A as an immediate superior contractor who was awarded a subcontract to Defendant A, and did not pay the remainder. Defendant A prevented the payment of KRW 82,180,000 of the total wages for 20 workers, such as the written list of crimes in the attached Table, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Accordingly, the defendant is responsible for the defendant who is a direct recipient in the business conducted through several contracts.

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