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Defendants shall be punished by a fine of KRW 3,000,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
1. Defendant A was an employer who was awarded a contract from the representative director D (ju) representative director of the immediate contractor D on February 2, 2012 and used 14 full-time workers as part of the site of the above construction work, Defendant A, as indicated in the list of crimes in the attached Table including KRW 1.20,000,000 for total wages of 14 workers, as indicated in the attached list of crimes, did not pay the total wages of KRW 23.6 million for 14 workers within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.
2. Defendant B, as the representative director of the above D, is operating a comprehensive construction business with 20 full-time workers, and where a subcontractor who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when he/she has made a contract under subparagraph 11 of Article 2 of the same Act on two or more occasions in the construction business, he/she shall be jointly and severally liable to pay wages to his/her workers employed by the subcontractor;
Nevertheless, Defendant B entered into the contract as above with Defendant A, a subcontractor who is not the constructor, and did not pay the total of KRW 23.6 million to 14 workers within 14 days from the date of each retirement without agreement on extension of the due date, as described in paragraph (1).
Summary of Evidence
1. The defendant A's partial statement
1. Defendant B’s legal statement
1. Each police statement made to F, G, E, H, and I;
1. Application of Acts and subordinate statutes to confirm reported cases, transfer of cases, and each telephone, etc.;
1. Relevant Article of the Labor Standards Act and Article 109(1) and Article 36(1) of the Labor Standards Act (Selection of Fine): Defendant B: The applicable provisions of the Labor Standards Act, which are the written indictment against Defendant B, shall be “Articles 109(1) and 36 of the Labor Standards Act”.