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(영문) 대구지방법원 포항지원 2018.12.13 2018고단87
근로기준법위반
Text

1. Defendant A shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal record] On June 8, 2017, Defendant C was sentenced to a suspended sentence of two years in the period of imprisonment for fraud in the Daegu District Court Port Branch of the Daegu District Court on August 8, 2017, and the judgment became final and conclusive on June 16, 2017.

Defendant

D was sentenced to eight months of imprisonment for breach of trust in the Daegu District Court on November 16, 2017, and the judgment was finalized on November 24, 2017.

[Criminal facts] 2018 Highest 87 (Crimes of Violation of the Labor Standards Act by Defendants A, B, C, and D)

1. Defendant A is an employer who, while running a personal construction business under the trade name of “F”, performed a framework construction work at the new construction site of “H” located in G in the racing-si.

Where 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 amount of KRW 3,420,00 on April 3, 2016 of the first who retired from office on the said construction site and did not pay KRW 3,420,00 on April 3, 2016 of the first who retired from office on May 3, 2016 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties.

2. Defendants B, C, and D’s joint crimes are co-representatives of J, Co., Ltd., the primary supplier of the new H “H” as stated in the above paragraph (1). Defendant B, C, and D’s direct contractor subcontracted to A who is not a registered constructor of the pelvis.

Where a construction project is conducted two or more times and a constructor who is not a registered constructor fails to pay wages to his/her employees, the person directly supplied for the supply of and demand for the wages shall be jointly and severally with the sewage constructor, but the Defendants conspired with the above construction site and did not pay KRW 3,420,000 as of April 3, 2016, when employed by the sewage constructor at the above construction site, and did not pay KRW 3,420,000 as of May 3, 2016.

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