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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant: (a) was a person operating a construction business called “D” located in Bupyeong-gu, Incheon; (b) was awarded a contract for a new construction of E in Seopo-si, Seopo-si, Incheon; and (c) subcontracted the installation of the facility to F, an individual constructor at KRW 95,00,000; and (c) F, as an individual constructor residing in Ansan-si, is an employer who runs a construction business using ten full-time workers.
1. Where a construction business which is not paid as an immediate upper tier contractor has been carried out two or more times and a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate upper tier subcontractor shall be jointly and severally liable for the wages of the workers employed by the subcontractor;
F The daily table of crimes in attached Form, including the wage of H 2,50,000 won for retired workers who worked from the said construction site from December 16, 2016 to January 24, 2017: Provided, That in the case of M, the total amount of wages in January 2017 and February 2017.
As described above, the total amount of 15,540,000 won was not paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.
As above, the Defendant did not jointly pay KRW 15,540,000, which was not paid to his employees by F, who is the Defendant’s sewage level.
2. An employer who fails to pay wages for a direct employee shall, if the employee retires, pay all the money or valuables, such as wages, within 14 days after the cause for such payment occurred.
Nevertheless, Defendant 1 worked from February 1, 2017 to October 1, 2017 and did not pay KRW 800,000 to retired workers I’s wages within 14 days from the date of retirement without an agreement between the parties on the extension of the day of payment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness J, K, I, and F;
1. A witness H, L, and M.