The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

As the representative of C Co., Ltd., the Defendant is a direct contractor who subcontracted labor parts to E who is not a constructor under Article 2 subparagraph 7 of the Framework Act on Construction Industry while performing a panel work with a large amount of KRW 43 million among the new construction works for D Multi-household Construction in Dongjak-gu Seoul Metropolitan Government.

Where a construction business has been carried on two or more occasions and a contract defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry has been made, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages arising from the relevant construction works) to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier.

Nevertheless, the Defendant, as an immediate contractor, did not jointly pay KRW 690,00 in the wage of September 25, 2017 to November 14, 2017, wage of KRW 690,00 in September 2017, wage of KRW 3,680,00 in October 2017, wage of KRW 1,840,00 in November 2017, and KRW 1,840,00 in the same field from September 25, 2017 to November 14, 2017, G’s wage of KRW 690,00 in September 25, 2017, wage of KRW 3,910,00 in October 20, 2017, wage of KRW 180,00 in October 18, 2017, and KRW 400 in individual wage of KRW 50,010 in the same field without agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to a petition and a written statement (F and G);

1. Articles 109 and 44-2 of the Labor Standards Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Punishment for which a sentence is to be suspended: A fine of one million won;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence and the reasons for conviction and sentencing.