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Defendant
A Imprisonment for seven months, and Defendant B shall be punished by a fine of eight thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[2013 Highest 3253] - Defendant A and Defendant B are the representative of the I Co., Ltd. in Gwangju City H, who was awarded a contract for the stone construction of J Corporation located in Jeju City with eight full-time workers.
Defendant
A is a personal constructor who engages in construction business without a construction license in the name of "M" while living in the old L, and is an employer who has executed the above stone construction work with 40 full-time workers at 136,000,000 won re-subcontracts from I Stock Company.
1. Defendant A is working at the construction site above, from December 1, 2012 to January 31, 2013, and the same year.
2.1. As stated in the separate note 1 to 6, 8 through 13, 15 through 21, and 23 through 29, the total amount of wages of 26 full-time workers was 69,720,000 won for December 2012, and the total amount of wages of 3,50,000 won for January 2013, as well as 6,350,000 won for wages of 3,350,000 won for the month of January 2013, each of them was not paid within 14 days from the date of retirement, which is the date of the cause for payment, without any agreement between the parties to the extension of the due date.
2. Where a business has been contracted on two or more occasions under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to workers he/she employs, an immediate upper tier contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;
The Defendant, as a direct contractor of A, a subcontractor who is not a constructor, was not paid wages to A, on the ground that he/she failed to pay the total amount of subcontract payments to A, as described in the preceding paragraph, the Defendant paid the total amount of wages of KRW 3,000,000 for December 2012, and KRW 6,350,000 for the monthly wage of KRW 3,350,000 for January 2013 and KRW 79,675,675.