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(영문) 서울중앙지방법원 2018.08.13 2018고정1299
근로기준법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is the representative director of E, a corporation located in Seongbuk-gu, Sungnam-si, Sungnam-si, who is engaged in steel and concrete construction business.

Defendant

A The F Corporation (hereinafter referred to as “the instant construction project”) received supply from the Korean Land Corporation, Inc. and performed the construction project.

A. Defendant A subcontracted part of the instant construction work to “G” operated by “G”, which is not a constructor under the Framework Act on the Construction Industry, to the construction work that violates the Labor Standards Act related to the Construction Work.

Where a construction business is carried on two or more occasions, if a constructor who is not a constructor fails to pay wages to his/her workers, the person directly responsible for the supply and demand of the wages shall pay wages to the workers employed by the sewage supplier jointly and severally with the sewage supplier.

Nevertheless, from October 21, 2016 to December 30, 2016, Defendant A, a direct supply and demand, did not pay the total of KRW 17,780,000 to five workers employed by the subcontractor B, as indicated in the attached Form No. 1, as well as KRW 4,725,00,00, as well as KRW 17,780,000, to five workers employed by the subcontractor, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

B. Defendant A was in violation of the Labor Standards Act related to the Construction Work of Non-System Construction and Concrete Construction Act. From October 10, 2016 to December 16, 2016, Defendant A served as “non-public facility construction” at the construction site of the instant case, and served as “non-public-public-public-public-public-private partnership workers” or “non-specific-private partnership workers,” such as the detailed statement of arrears in the attached Form, and did not pay KRW 6,00,000,000 to eight retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

2. Defendant B is G in Mapo-gu Seoul Mapo-gu.

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