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(영문) 제주지방법원 2018.05.04 2017고단1602 (1)
근로기준법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates C in Jeju, Inc. at Jeju.

1. An employer who has not given a contract for work shall prepare and deliver to the workers a written document specifying the working conditions, such as the constituent items, calculation method, and payment method, of wages when concluding the contract for work

Nevertheless, on June 19, 2016, the Defendant did not issue a written document specifying the working conditions, such as wages, when concluding a labor contract with D workers belonging to C Co., Ltd.

2. Where a construction business jointly and severally responsible for the payment of wages has been carried out two or more times in a construction business, and where a constructor who is not a registered constructor fails to pay wages to his/her employees, the immediate upper-tier subcontractor shall be jointly and severally liable with the sewage constructor to pay the wages to his/her employees;

On November 2015, the Defendant, as a registered constructor, awarded a contract to G who does not have a construction business license for the construction work of the F Multi-household Construction among the new construction work of the F Multi-household Construction Contract, which was awarded a contract by E, an individual building owner.

Defendant A employed by G during the aforementioned construction site from November 15, 2015 to March 15, 2016, and worked for the same period as the wage of KRW 2,500,000 of the retired workers H in November 2015, and did not pay KRW 2,500,000 to retired workers on November 1, 2015, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to G, H and I;

1. Part concerning D's statements made to D or A in police records;

1. Application of the standard contract for private construction works, the current status of construction contracts, and the current status of amounts receivable for construction expenses;

1. Article 109(1) and Article 44-2 of the Act on the Standards of Employment for Specific Crimes and Articles 109(1) and 44-2 of the Labor Standards Act (the point of payment of wages to workers employed by a sewage supplier, the selection of fines), and Article 114 subparag. 1 of the Labor Standards Act.

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