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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
The Defendant: (a) was a person who operates D for the purpose of machinery and equipment in Songpa-gu Seoul Metropolitan Government; (b) was subcontracted from E to Gsan Factory Pipelines Corporation F in Ansan-si, Ansan-si; and (c) re-subcontracted the part of the machinery and equipment to H other than the constructor.
Where a construction business is subcontracted for two or more occasions, if a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.
Nevertheless, the Defendant, from May 1, 2014 to March 30 of the same month, did not pay 27,351,000 won in total of wages of 16 employees, as shown in the details of personal delayed payment money and valuables, including the fact that 240,000 won was not paid within 14 days after retirement without agreement on the extension of the due date between the parties concerned, which was employed by the subcontractor H at the site of the above G Ansan Factory Pipelines Corporation from May 1, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each police respondent's statement concerning H;
1. Application of the respective laws and regulations of J,K, L, M, N,O, P, Q, R, S, I, T, U, V, W, and X preparation
1. Relevant statutory provisions and Articles 109(1) and 44-2 of the Labor Standards Act regarding facts constituting an offense, and the choice of a fine (see, e.g., Supreme Court Decision 2009Da1248, Apr. 21, 201; Supreme Court Decision 2009Da1248, Apr. 22, 201);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.