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(영문) 제주지방법원 2015.06.04 2015고단342
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a user who actually runs a construction business, etc. as a representative director of L Company located in Gangnam-gu Seoul Metropolitan Government K.

The Defendant, from around December 1, 2010 to around February 4, 2014, did not pay the total of KRW 2,348,434 of the wages of retired workers, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement on M and extension of the due date, and did not pay the total of KRW 24,154,671 of the wages of four workers, such as M, N,O, P, etc., within 14 days from the date of retirement, which is the date of occurrence of the cause for payment without agreement on extension of the due date.

The Defendant is the representative director of L Co., Ltd. in Gangnam-gu Seoul Metropolitan Government, who runs a construction business using six regular workers.

1. The Defendant did not pay KRW 1,975,80, total wages of Q, who worked from May 7, 2014 to December 1, 2014, total wages of KRW 1,975,80, and KRW 8,494,200, including three workers, Q, R, and S, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment.

2. Around July 2013, the Defendant awarded a subcontract to U representative V for part of the Seopo-si Construction of Seopo-si in Seopo-si in Jeju-do, and V awarded a sub-subcontract to an individual constructor, and WW had employed X to work.

The Defendant did not pay the progress payment to the above V without any justifiable reason, and the above V did not pay the progress payment to W, and W did not pay the worker X-2,400,000 won on August 8, 2013, without agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Accordingly, the Defendant did not pay X wages of KRW 2,400,000, jointly and severally with W.

Summary of Evidence

"2015 Highest 342" 1.

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