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(영문) 수원지방법원 평택지원 2017.02.08 2016고단693
근로기준법위반
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. All of the facts are the representatives of I in Gyeonggi-do, and Defendant A, from the J’s management of Defendant B, performed the said construction work from April 24, 2014 to May 31, 2015, using 20 full-time workers under a contract for L and M construction work in Gyeonggi-si K, which is located in Gyeonggi-do, and Defendant A, as the representative of the J’s management of Gyeonggi-do, is a direct contractor who subcontracted the said construction work to Defendant A who did not register the said construction work.

2. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from September 15, 2014 to May 31, 2015, did not pay the total of KRW 95,015,000 of wages of 26 workers, as shown in Appendix I, as shown in Appendix I, as well as the total of KRW 12,00,000,000 for wages of 3-5,000 for workers employed at the same construction site and retired from office from office from May 31, 2015, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

3. Where a business has been subcontracted two or more occasions in Defendant B construction business, and if a constructor who is not a constructor registered pursuant to an Act fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally liable with the sewage supplier for the wages of the workers employed by the sewage supplier;

The Defendant did not pay the total of KRW 109,235,00 for 28 workers as indicated in Appendix II with respect to metal construction work described in the above facts, despite the fact that the above A was jointly and severally liable to pay wages to workers.

Summary of Evidence

Each fact of No. 2 of the ruling

1. A statement made by Defendant A in compliance with this Court (as at the fifth trial date);

1. Witnesses B, P,O, and Q are limited to this Court.

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