Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant as the representative director of C (ju) located in Yangcheon-gu Seoul Metropolitan Government, is a direct contractor who subcontracts to F who is awarded a contract for the extension of D building from E (ju) in Yeongdeungpo-gu Seoul Metropolitan Government to F who has no construction license for the main and temporary partitions.

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where 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 workers, the immediately upper demand and supplyer shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.

Nevertheless, the Defendant did not pay 22,045,00 won in total for nine retired workers as stated in the list of crimes in the attached Table, including G’s wage 2,375,000 won used by the subcontractor F at the above construction site, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective police statements protocol (including attached data) to the witness H and I in each legal statement G and F by each court of H and I;

1. Article 109 (1) and Article 44-2 (1) of the relevant Act concerning facts constituting a crime and Articles 109 (1) and 44-2 (Selection of Penalty) of the Labor Standards Act concerning the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. On February 19, 2019, the Defendant, among the instant workers, prepared a “certificate of alternative payment of labor cost” (hereinafter “the instant certificate”), which includes that “A, J, K, L, M, N, andO shall not report and raise any objection to overdue payment of wages, and any civil and criminal liability” (hereinafter “the instant certificate”), and thus, expressed the Defendant’s intention not to punish the Defendant. Thus, the Defendant’s prosecution against the said worker is instituted.