beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) was aware that the Defendant did not follow the consent of the victim D Co., Ltd. (hereinafter “D”) or the court permission, etc. and subsequently caused or could be punished for legal disputes. In full view of the fact that the Defendant only stored the victims’ temporary materials located at the construction site to avoid legal disputes with D’s creditors (hereinafter “construction temporary materials”) in a warehouse for a certain period of time, and that the Defendant had an intent to dispose of them from the time of removal of the construction temporary materials, B Co., Ltd. (hereinafter “B”) is liable for joint and several liability or direct payment of the unpaid wages to D as the direct contractor, and the Defendant actually conducted a set-off disposition with the wages paid to D workers with the proceeds of the disposition of the construction temporary materials of this case.
2. Determination
A. The summary of the facts charged is that the Defendant, from September 2015 to April 25, 2017, worked as the head of the Department B from around September 2015 to April 25, 2017, was appointed as the head of the construction site site for the new construction site of the Heung-gu Cta canns (hereinafter “the instant canns”).
B On November 10, 2015, on the part of the victim D, entered into a subcontract with the content that the instant construction works will be contracted to the token (hereinafter “instant construction works”) during the said construction.
D During the process of the said subcontracted construction, the construction was suspended on June 30, 2016, and the construction was discontinued at the site with unpaid KRW 397,240,000, such as the construction seal wage, and the construction was performed directly from that time.
Under the Labor Standards Act, B, a contractor, was responsible for paying wages in arrears jointly with D.
The Defendant may also take part of the additional construction cost by arbitrarily removing and disposing of the amount equivalent to KRW 170,725,060 of the market value of the temporary construction materials owned by the victim at the construction site.