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Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10,000,00 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is a personal constructor who carries on construction business without a construction business license under 112 of the Daegu Suwon-gu F 3 112, and Defendant B is a representative director of the H corporation located in Nam-gu G at port.
1. Defendant A is an employer who was subcontracted to KRW 1,310,00,000 for construction cost of 1,310,000,000 and performed work with approximately 50 full-time workers among the construction works of the I apartment complex in the Gyeongsan-si Special Metropolitan City.
The Defendant, from June 2, 2015 to June 20, 2015, had worked at the said new apartment construction site, and had retired workers J’s wages of 1,540,000 on June 6, 2015, did not pay 90,000 won in total for 61 workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Table.
2. As the representative director of H Co., Ltd., Defendant B is a direct contractor who subcontracts the construction cost of KRW 1,310,000,00 to A, who is an individual constructor, for construction work, such as rain and steel reinforced concrete among the new apartment construction work.
Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and where a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediately upper-tier supplier shall be jointly and severally with a sewage supplier to pay wages to his/her workers.
Nevertheless, the Defendant, as stated in paragraph 1, failed to pay KRW 74,384,00 for the total wages of 40 workers as shown in the attached Table Nos. 1, 4 through 8, 10, 11, 25, 36, 42, and 61, as stated in the attached Table Nos. 1, 4 through 8, 10, 11, 25 through 36, and 42 through 61, as a direct contractor, did not
Summary of Evidence
1. Defendant B’s legal statement
1. Some of the interrogation records concerning the Defendants to the prosecution (including K statements)
1.K, L, J, M, N,O, P.