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(영문) 대전지방법원 홍성지원 2013.05.31 2012고단1125
근로기준법위반
Text

Defendants shall be punished by imprisonment for four months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

"2012 Highest 1125"

1. Defendant A is an employer who, within the H industry factory located in Ulsan-dong building 401, operates a F enterprise of building E in Ulsan-gu, and, within the H industry factory located in Chungcheongnam-nam Hong-gun G, Defendant A, the representative director of Defendant I, who was a corporation, was treated as sewage of KRW 600,000 per ton and was produced and constructed by using 20 full-time workers from June 5, 2012 to August 20, 2012.

Defendant

A was employed by Defendant A at the above construction site and was employed by Defendant A from July 1, 2012 to August 20, 2012, and the retired J’s wage of KRW 1.5 million was not paid for 14 days after the date of retirement without agreement on the extension of the due date, as stated in the list of crimes in attached Form, and on the ground that the total amount of wages of 18 retired workers employed at the above construction site and the total amount of wages of KRW 47,742,192, 192, was not paid by Defendant A from the date of retirement without agreement on the extension of the due date.

2. Defendant B is a direct contractor who has subcontracted the construction work described in paragraph (1) above to a F enterprise run by Defendant B at K at the window of Changwon-si and who has subcontracted the construction work in paragraph (1) above to a F enterprise in the amount of KRW 600,000 per ton.

Where a project is executed through several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper-tier contractor, the immediate upper-tier contractor shall pay wages jointly and severally with the subcontractor.

Nevertheless, as described in paragraph (1) above at the above construction site, Defendant B employed by the subcontractor A and worked as an adjoining hole from July 1, 2012 to August 20, 2012, and did not pay an amount of 1.5 million wages of JJ on August 20, 2012 to the lapse of 14 days from the date of retirement without agreement on the extension of the due date, as stated in the attached list of crimes, and worked at the above construction site and 18 workers who retired.

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