Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendant A is an employer who runs a reinforced concrete construction business, etc. using 17 full-time workers without registering construction business at the site of the construction work site of the apartment-family housing in Bupyeong-si C and D three parcels.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working at the construction site of the said new public housing, from January 4, 2019 to February 24, 2019.

The retired E’s wages of KRW 30,700,000 in January 2019, and KRW 6,000,000 in February 1, 2019, including KRW 2,7,10,100,000 in the attached crime list Nos. 2,7,10,11,14, and 16, were not paid respectively within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. Defendant B is the actual representative of the F building in Bupyeong-si and the H, who is an employer who runs a reinforced concrete construction business using four full-time workers.

Where a construction business has been subcontracted two or more times and a subcontractor who is not a construction business operator fails to pay wages to his/her workers, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor to pay the wages of workers employed by the subcontractor, and where the immediate upper tier contractor is not a construction business operator, the immediately upper tier contractor shall be deemed the immediately upper tier contractor.

The Defendant awarded a subcontract to I, who is not a construction business operator under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, among the construction works of the said public housing construction project, and I awarded a subcontract to A, who is not a construction business operator, for the part of the tree construction project.