Defendant

A A shall be punished by a fine of 2 million won, and by a fine of 1.5 million won, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

[2012 High Court Decision 895]

1. Defendant A is an employer who is a personal constructor who, from December 7, 2011 to January 18, 2012, performed construction works using 30,000 full-time workers under a subcontract from D (main representative) real representative B for the area of reinforced concrete without a construction business license at the site of a commercial building located in a female city C.

When a worker retires from office, he/she shall be paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but Defendant A did not receive KRW 100 million for the construction price from B, on the ground that he/she did not receive any KRW 100 million for the said construction site from December 21, 201 to January 18, 2012.

Wages E of retired workers E, including KRW 1,890,00, did not pay KRW 23,965,000 in total for 18 workers as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Defendant B, as the real representative of D (ju) in netcheon City F, is a subcontractor who subcontracted a reinforced concrete part to the said A without a construction license while performing the said construction work after being awarded a contract for the said new commercial building from the prime contractor, i.e., the prime contractor.

Where a project is conducted on two or more occasions under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 5 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately preceding contractor shall be jointly and severally liable to pay the wages to the workers employed by the subcontractor.

Nevertheless, Defendant B failed to pay the subcontract amount to the above A on the ground that Defendant B was not paid the subcontract amount due to the construction of financial resources, or he was not paid the subcontract amount, and Defendant B’s total wages of KRW 1,890,000 working at the above site, as shown in the attached list of crimes, including KRW 18 persons as shown in the attached list of crimes.