Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Punishment of the crime

1. Defendant A is an individual constructor residing in Yongsan-gu Seoul Metropolitan Government, who has subcontracted the “E” and “F” to Defendant B and has employed 23 persons, including G, after obtaining a subcontract from Defendant B.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days from the date of his/her retirement.

Nevertheless, Defendant A did not pay KRW 48,300,000 for total wages of 23 workers for construction, such as G, who worked in the above-site as shown in the list of crimes in attached Form A, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. Defendant B is the representative director of Seongdong-gu Seoul Metropolitan Government H, and Defendant B is a quasi-exclusive contractor who subcontracted to Defendant A without a construction business license for the construction site specified in paragraph (1).

Where a construction business has been conducted two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if 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 immediate upper-tier supplier shall pay wages to the workers employed by a sewage supplier jointly with a sewage supplier.

Nevertheless, Defendant B was in arrears with Defendant A, even though the total amount of KRW 48,300,000 of the wages of KRW 23 workers, including construction quoted G who worked at the construction site specified in paragraph (1) as shown in the attached list of crimes committed by the Defendant A, but did not pay them jointly and severally with Defendant A.

Summary of Evidence

[Defendant A]

1. The legal statement of the defendant A (as at the 10th trial date);

1. The written statement by each petitioner or each petitioner;

1. Each subcontract agreement [Defendant B]

1. Some of Defendant B’s legal statement (as at the seventh trial date, the purport that he/she is the direct contractor of Defendant A)

1. A legal statement of a witness;

1. Statement A by a witness among the four-time public trial records;

1. Defendant B.