Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

C as an individual constructor, after being awarded a contract for a construction work of neighboring facilities in Pyeongtaek-si E from (ju)D operated by the Defendant, the employer is an employer who performed the construction work from May 24, 2013 to July 15, 2013 by using 10 full-time workers, and the Defendant is a (ju) D representative director in Ansan-si F, who is a direct contractor who subcontracted the construction work to C.

Where a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry is made two or more times in a construction business, if a subcontractor who is not a constructor under subparagraph 7 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 wages to workers employed by the subcontractor.

Nevertheless, the Defendant, as an immediate superior contractor at the above construction site, subcontracted the above construction work to a personal constructor C who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, and did not pay the total of KRW 15,425,000 to the nine workers as shown in the attached crime list, even though it was jointly and severally liable with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements made by witnesses C, G and H

1. Articles 109 (1) and 44-2 of the Labor Standards Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;