Text
Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Defendant A, as a manager of the Dispute Settlement Bank D located in both weeks, was awarded a subcontract for a joint-production installation work from Defendant B, who was the G representative director of the Dispute Settlement Bank, and was employed by ten full-time employees from among the new construction works without a construction business license from December 1, 2017 to July 31, 2018.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Defendant
A From May 3, 2018 to June 16, 2018, H’s wage of 1,143,887 won on May 5, 2018, and wage of 2,240,000 won on June 6, 2018, without an agreement between the parties on the extension of the due date between the parties, was not paid within 14 days from the date of retirement as shown in the list of crimes in the attached list of crimes, and did not pay 21,708,664 won in total for eight workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.
2. Defendant B, as the representative director of the Bank of Korea-Si, Nam-si I, subcontracted the joint production installation works to Defendant B who did not obtain a construction business license from December 1, 2017 to July 31, 2018.
Where a construction business is carried out on two or more occasions, and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry (a person who carries on construction business after making registration, etc. under the Framework Act on the Construction Industry) fails to pay wages to his/her workers when the business is carried out, the immediate upper contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.
Defendant
B From May 3, 2018 to June 16, 2018, Defendant A.