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(영문) 인천지방법원 2016.06.09 2015고단7597
근로기준법위반
Text

Defendants shall be punished by imprisonment for four months.

However, the defendant A shall be given a consolation for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is an employer who ordinarily employs 20 full-time workers on the government-Si M and 6 of Gyeonggi-do, and operated “(State)N”. From March 20, 2015 to May 3, 2015, Defendant A failed to pay KRW 31,765,000, total wages of 22 employees, including KRW 225,00,00,000, who worked at the construction site of a new apartment house located in Incheon Nam-gu, Seoul, and KRW 31,765,00,000 from the date of retirement without agreement on the extension of the payment date between the parties.

2. Defendant B is an employer who has run the “R” using ten full-time workers from the members Q Q, 1, and 203 of Ansan-si in Gyeonggi-do.

A. From May 7, 2015 to May 8, 2015, the Defendant did not pay KRW 320,000,000, total amount of wages of 11 workers, as shown in the list of crimes in attached Form 2 (2), as well as KRW 3,520,000, total amount of wages of 11 workers, as in the list of crimes in attached Form 2 (2), within 14 days from the date of retirement without any agreement on the extension of payment date between the parties.

(b) Where a direct and several project for a subcontractor's joint and several liability for the contracted project is carried out through several subcontractings, if the subcontractor fails to pay wages to workers due to any cause attributable to the subcontractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor;

Nevertheless, the Defendant did not pay 53,750,000 won in total of 30 workers indicated in the List of Crimes 3 on the ground that he/she did not pay 3,750,000 won in total to N due to the failure to pay construction cost for the construction of a new apartment house located in the Nam-gu Incheon Metropolitan City under a contract for the construction of a new apartment house located in the Seoul Metropolitan City, and he/she did not pay 14 days from the date of retirement without agreement on the extension of payment period between the parties.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement about S or T;

1. U’s written statement, V, U, and one other, W and eight other, respectively.

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