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(영문) 대전지방법원 논산지원 2015.09.01 2015고정30
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant B, a personal construction business entity whose head office is located in Yongcheon-si, Youngcheon-si, and was an employer who contracted the 220,000,000 won for the structural construction among H new construction works in Seosan-si (hereinafter “instant structural construction”) from Defendant A on June 7, 2012 without a construction business license and performed construction works with 20 full-time workers.

When a worker retires, the employer shall pay wages and all other money and valuables within 14 days from the date of retirement, unless otherwise agreed by the parties concerned.

Nevertheless, from June 9, 2012 to June 30, 2012, Defendant B failed to pay 15,664,000 won in total for five workers within 14 days from the date of retirement, as stated in the attached Table, as well as the amount of wages 2,660,000 won in June 2012, which he/she worked as a tree at the aforementioned construction site, as well as the amount of wages 15,64,00 won in total for five workers, as stated in the attached Table.

2. Defendant A is a direct contractor who is the representative director of F&A, the head office of which is located in Bupyeong-gu, Seoul Special Metropolitan City J. 301, and who is not licensed for construction business, Defendant B is the direct contractor who is contracted for construction work in 220,000,000 won.

Where a construction business is conducted 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 when the business has been made a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, the immediate upper contractor shall be jointly and severally liable with the subcontractor to pay

Nevertheless, even though Defendant B had been in arrears with the total amount of KRW 15,664,00 for workers employed at the aforementioned construction site from June 9, 2012 to June 30, 2012, Defendant A agreed on the extension of the due date for payment between the parties, including KRW 2,660,000, the total amount of wages of KRW 15,664,00 for workers employed by Defendant B, as stated in the attached Table, as well as KRW 15,664,00.

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