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(영문) 의정부지방법원 2015.11.19 2013고정1757
근로기준법위반
Text

1. The Defendants shall be punished by a fine of KRW 1.5 million.

2. The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is an employer who employs workers as the representative of company G G in Songpa-gu Seoul Metropolitan Government F and engages in indoor construction business.

Defendant

A is an employer who, without a construction business license, has employed workers under a contract for H site and I site construction work from G without a construction business license.

1. Defendant A is working at the above construction site and from April 2, 2012 to May 25, 2012.

Without any agreement between the parties on the extension of the due date of payment, a retired worker's wages of KRW 7,800,000, including KRW 2,850,000,000, the total amount of wages for three workers was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

2. Where a business has been subcontracted two or more occasions in Defendant B, if a subcontractor who is not a constructor who runs a construction business after making a registration of the construction business under Acts and subordinate statutes fails to pay wages to his employees, the immediate upper tier contractor shall be liable to pay wages to the workers employed by sewage jointly and severally with the subcontractor;

Since the Defendant subcontracted the instant construction work to A who was awarded a contract by the International Industrial Company B, and thus, was jointly and severally liable to pay wages to workers, the Defendant did not pay 7,800,000 won, including 2,850,000 won, for three workers as indicated in the attached list of crimes, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

Defendant

A

1. Statement of K witness in the fifth trial records, and each statement of witness B, J, L and M in the third trial records;

1. Defendant B of the certificate of deposit transaction performance and the invoice of transaction partner credit;

1. Each statement of witness A, J, L and M in the third protocol of trial;

1. A description of Acts and subordinate statutes concerning the settlement of quantities;

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