Where a contract for construction work is made two or more times in a construction business, and a subcontractor who is not a constructor fails to pay wages to his workers, the immediate preceding contractor shall be liable for the wages of workers employed by the subcontractor jointly and severally with the subcontractor.

On November 2011, the Defendant, as the representative director of the Gangnam-gu Ctel 2508, was awarded a subcontract for reinforced concrete construction works among Suwon apartment construction works from E Co., Ltd., and subcontracted concrete and non-form construction works among the said construction works to G other than the constructor. The Defendant did not pay KRW 78,015,000 for the total wages of 28 workers, including H, as stated in G’s crime list, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Each police interrogation protocol of the accused and G;

1. The police statement of H;

1. The execution agreement;

1. A written petition;

1. Application of Acts and subordinate statutes to investigation reports (report attached to the standard subcontract agreement for construction works related to orchard);

1. Article 109 (1) and Article 44-2 (1) of the Labor Standards Act concerning facts constituting an offense and Articles 109 (1) and 44-2 (1) of the said Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;