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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Where a construction business is subcontracted two or more times and a subcontractor who is not a constructor fails to pay wages to his workers, the immediate upper contractor shall be jointly and severally liable with the subcontractor for the wages of workers employed by the subcontractor, and where the immediate upper contractor is not the constructor, the immediate upper contractor shall be liable for the wages of workers employed by the subcontractor from among the upper contractors.
The defendant is a person who operates C in the fourth floor of the Gangnam-gu Seoul Metropolitan Building, and C is registered as a specialized constructor at the Gangnam-gu Seoul Metropolitan Government Office under the Framework Act on the Construction Industry.
The Defendant was awarded a contract for interior construction among the E Hospital New Construction Works in Seo-gu Incheon, Seodong Construction Co., Ltd., Ltd., which had no construction business license, subcontracted to the Round Design World, and the Round Design World Co., Ltd. further subcontracted to F who did not have a construction business license.
The Defendant does not pay KRW 23,035,00 to 25 workers employed by F, a subcontractor, at the same construction site and worked in the same place as indicated in the attached list of crimes, as well as KRW 630,00 in total, within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties on the extension of the due date for payment. From August 20 to November 30, 2013, the Defendant did not pay KRW 2,70,000 in total, KRW 5,500 in total, and KRW 2,800 in wages on October 10, 2013, and KRW 5,000 in wages on November 4, 2013, each of which is the end of the following month.
Accordingly, the Defendant did not pay a total of KRW 28,535,000.
Summary of Evidence
1. An interrogation protocol of F by prosecution;
1. Each police statement of G, I, J, K, L, M, N, P, Q, R, T, T, and U;
1. Each written petition, a statement claiming labor cost on-site services and labor cost on October 2013, and November 2013;