Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

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.

Where a construction business is executed by two or more contracts for construction works, if a subcontractor who is not a constructor fails to pay workers employed by him/her wages arising from the relevant construction works, the immediate upper tier contractor shall be liable to pay the wages of workers employed by the subcontractor jointly and severally with the subcontractor.

The Defendant is a direct and superior contractor who subcontracts the construction of reinforced concrete to E who is awarded a contract for the construction of the structure from the Hongday Development to a construction company ordered by Kimcheon-si Construction Co., Ltd. as the representative director of the above company that operates Kimcheon-si B and 2, and 106, and E is a user who executes the construction of reinforced concrete using ten full-time workers at the construction site of the above D Construction Work site.

Although the Defendant delayed payment of KRW 9,365,00 of the F wages of workers F, who were employed by the subcontractor due to the steel supply from June 15, 2014 to October 15, 2014 at the same construction site, the Defendant did not pay the wages of workers F, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, the Defendant, as an immediate contractor, did not perform his/her duty to pay the wages of workers jointly

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant provisions of the Acts concerning criminal facts, and Articles 109 (1) and 44-2 (1) of the Labor Standards Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;