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(영문) 창원지방법원 통영지원 2018.02.22 2016고단893
근로기준법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 2 years, Defendant C's fine of 5,00,000 won, and Defendant D.

Reasons

Punishment of the crime

Defendant A is a full-time worker of M in the name of L(ju) located in K at a macro-si, who operates a vessel processing business by using 50 full-time workers.

Defendant

A, from November 6, 2015 to November 13, 2015, while serving as an assistant director at the company at which he/she retired on November 13, 2015, he/she failed to pay 156,93,697 won, in total, of 29 retired workers, within 14 days from the date of each retirement, as well as N’s wage of 736,76 won on November 13, 2015, which was retired on November 13, 2015, as shown in attached Table 1 through 6, 8 through 22, 24, 25, 27 through 32.

Defendant A, “2016 Highest 1445,” is a representative who ordinarily employs 50 full-time workers from November 5, 2015 to April 18, 2016, who is an employer, and Defendant B is a representative director of L(ju) in K at the time, who subcontracted the assembly of hull block to Defendant A.

1. Where a worker dies or retires, the Defendant paid wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay KRW 2,040,00 for the total period from March 17, 2016 to April 15, 2016 and KRW 1,920,00 for the period of April 2016 and KRW 1,920,00 for the attached crime list (2) No. 1,3,4,4,6,7,7,9 through 13,18,23, 24, 27 through 31, 34, 36, 37, 40, 424, 46, 46, 51, and 52.

2. Where Defendant B’s business is carried out based on multiple contracts, if the subcontractor fails to pay wages to workers due to reasons attributable to the subcontractor’s fault, the immediate upper tier contractor is jointly and severally liable with the relevant subcontractor, and the Defendant is jointly and severally liable with the relevant subcontractor, who is the subcontractor’s sewage level, in November 2015.

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