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(영문) 광주지방법원 2016.01.13 2015고정58
근로기준법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Defendant A is an individual constructor who, without obtaining a construction business license, received a subcontract from the representative director of the HH in the G landscape-based construction site in the Southern-gun, and performed construction work with seven full-time workers.

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

Nevertheless, the Defendant did not pay 15,280,000 won, including the amount of wages of 1,950,000 won on November 1, 2013, which was performed as an employee of the boundary seat from November 1, 2013 to December 30, 2013, and the sum of 4,500,000 won on December 2, 2013, as well as the money and valuables in arrears in the attached Form (excluding workers E and F parts), for each of 15,280,000 won on the aggregate of wages of 5 workers from the date of retirement, without any agreement between the parties to the extension of the payment date.

2. Defendant B, as the representative director of H in Mineyang-si J, the Defendant is an immediate upper-tier contractor under the Framework Act on the Construction Industry that, while executing construction with a contract for construction site of G Scenic Road in the Southern-gun, a personal constructor who has no construction license granted a subcontract to A and made him/her perform construction works.

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately upper demand and supplyer shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.

Nevertheless, the Defendant, at the above construction site from November 1, 2013 to December 30, 2013, as well as the amount of KRW 2,340,00 on November 1, 2013 of E, who worked as an employee of the boundary seat from November 1, 2013 to December 30, 201, as well as KRW 3,420,00 on December 201, 203; and KRW 5,760,00 on December 3, 2013.

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