The defendant shall disclose the summary of the judgment of innocence against the defendant.

1. The summary of the facts of prosecution C Co., Ltd. (D, 405 located in Chungcheongnam-si) subcontracted the removal of G hotel located in Mapo-gu Seoul Metropolitan Government to H (I) Co., Ltd. (Y), which was awarded a contract for the removal of G hotel located in Mapo-gu Seoul Metropolitan Government, and J is the representative director of C Co., Ltd.

The Defendant is an employer who has subcontracted the removal work again from H with six full-time workers under a subcontract for the removal work.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, except where the parties have agreed on the extension of the payment deadline due to the special circumstances.

Nevertheless, the Defendant, while working at the above construction site from November 14, 2014 to November 24, 2014, failed to pay the total amount of KRW 9,280,000 to six workers, including KRW 1,430,000 in October 2014, as shown in the attached crime list, within 14 days from the date of occurrence of each payment cause, without any agreement on extension of payment date between the parties concerned.

2. Determination

A. The Defendant, as the site manager of H Co., Ltd. (hereinafter “H”), did the removal work with six employees as above, but did not perform his duties as H’s employees, and did not claim that the Defendant was a business owner who performed the said work upon subcontracting.

B. Therefore, according to health and evidence as to whether the Defendant is the business owner who subcontracted the above removal work from H, the fact that the Defendant prepared a work contract with his employees stating the “H company G G hotel removal site A” in the column of the user is recognized.

(1) The Defendant has consistently prepared a labor contract from an investigative agency in the position of the site warden.