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(영문) 서울서부지방법원 2019.02.15 2018고단1812
근로기준법위반
Text

The accused shall disclose the summary of the acquittal part among the judgment of innocence.

Of the facts charged in the instant case, workers B.

Reasons

The acquittal portion

1. The summary of the facts charged is that the Defendant, as the representative director of Gangnam-gu Seoul Metropolitan Government C C, subcontracted the part of the teteama work among the construction of new accommodation facilities located in Seopopo City G Co., Ltd. (hereinafter “instant construction”) that he subcontracted to F in Seopopo City G Co., Ltd. (hereinafter “instant construction work”), and re-subcontracted to J in Seocheon-si, Seocheon-ro, Seoul Metropolitan City, where Co-Defendant H (hereinafter “H”) actually operated the metal construction and light volume construction work.

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 same Act, the immediate upper tier contractor shall be jointly and severally liable to pay the wages

Around June 2016, the Defendant awarded a sub-subcontract to H, not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, and H performed a sub-subcontract by using K, L, M, and N. Ultimately, the Defendant is jointly and severally liable with H to pay wages to K, L, M, and N, although the Defendant is jointly and severally liable to pay wages to K, L, M, and N, the Defendant did not pay a total of KRW 30,635,40 for four workers, including KRW 90,00,00 for September 20, 2016, as indicated in the [Attachment] No. 1 through 4 of the daily list of crimes, as well as the number of wages for four workers, within 14 days from the date of retirement without an agreement between the parties.

2. Determination

A. If there is a ground for dispute as to the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground so that the employer fails to pay the wages, etc., and thus, the employer is intentional to commit a violation of Articles 109(1) and 36 of the Labor Standards

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