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(영문) 창원지방법원 마산지원 2016.03.18 2016고단74
근로기준법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A of the facts charged in the instant case is an individual constructor who runs construction business with a subcontract for early construction work in the amount of KRW 950 million from Defendant C Co., Ltd. (hereinafter “C”) operated by Defendant B, and employs a worker at the site of the new construction of the new apartment in the Changwon-si, Changwon-si, Changwon-si.

Defendant

B As the representative director in Yangcheon-gu Seoul Metropolitan Government E, the defendant A is a direct contractor who subcontracts the construction cost of KRW 950 million to the defendant with respect to the prompt construction work at the above construction site.

(a) 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;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

However, Defendant A did not pay KRW 1,712,00,000,000,000 to the above construction site from March 1, 2015 to April 30, 2015, as well as KRW 3,330,000,000,00 of the wages of the retired F, as stated in the details of personal arrears with respect to payment of money and valuables to each individual, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the payment period.

(b) Where a contract under Article 2 subparagraph 11 of the Framework Act on the Construction Industry has been made for at least two occasions in Defendant B construction business, if 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 employees, the immediately upper demand and supplyer shall be jointly and severally with a sewage supplier, and shall be jointly and severally liable for the wages of workers

Defendant

B is the direct supply and demand of Defendant A with respect to the foregoing lighting work. Defendant B, who was employed by Defendant A at the construction site at the same time, served as an early official from March 1, 2015 to April 30, 2015, and retired from Defendant B’s wages of KRW 3.3 million.

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