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(영문) 대전지방법원 2016.07.05 2015고단2390
근로기준법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 2,00,000 won, and by imprisonment for four months.

Defendant .

Reasons

Punishment of the crime

"2015 Highest 2390"

1. Defendant A

A. The Defendant violated the Labor Standards Act due to the failure to pay wages from a direct business is the actual manager of G Co., Ltd. G in Sejong City F, who ordinarily employs forty workers and operates a hot spring business, etc.

If an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the total of KRW 376,00 as wages of August 15, 2014, and KRW 664,00 as wages of KRW 28,00 on September 28, 2014, and KRW 664,00 as wages of KRW 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties, and then did not pay KRW 1,9 through 13,16,18, 18, 21 workers of the same workplace within 14 days from the date of retirement, respectively.

B. The Defendant violated the Labor Standards Act due to the payment of wages by a direct supplier, as described in the foregoing paragraph (a), entered into a contract with the I Co., Ltd. operated by C on the performance of the maintenance and management of facilities of the above G building with the employees employed by C in the above I to have them manage the maintenance and management of the facilities of the G building.

Where a project is carried out under several contracts for work several times, if a sewage supplier fails to pay wages to workers due to reasons attributable to a direct supplier, the immediate upper tier contractor shall be jointly and severally liable with the relevant sewage supplier, notwithstanding that the Defendant is jointly and severally liable with the relevant sewage supplier, and even if he/she fails to pay the contract amount under the contract agreement to the sewage supplier C, and even if he/she is not paid the contract amount under the said G from January 5, 2014 to August 31, 2014, the J-J’s work as a cleaning worker from the above G to the date

8. Each of the wages of KRW 1,350,000, total of KRW 2,700,000,000, not paid respectively within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

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