Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

B is an individual constructor who runs a construction business without a specific trade name, and the defendant is a person who runs a construction business while operating the Gangnam-gu Seoul Metropolitan Government C and D in 402.

D A around October 15, 2016, upon receiving a contract from the National Medical Center of Korea to “E”, D subcontracted “indoor Construction Works” among the above construction works to B on October 19, 2016.

One Part B is not a constructor defined in the Framework Act on the Construction Industry.

Where a construction business has been contracted for two or more occasions under the Framework Act on the Construction Industry, and a sewage supplier who is not a constructor prescribed by the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper demand and supply worker shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.

B, from October 22, 2016 to December 10, 2016, Company F’s wage of KRW 8,770,000 to retired workers who worked for the said construction site and retired workers were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties, and did not pay the total amount of KRW 13,465,000 to the total two workers within 14 days from the date of retirement.

In relation to construction works for which two or more contracts have been made, the Defendant did not pay wages to the said workers jointly and severally with B, even though he falls under a direct upper-tier subcontractor B, who is not a constructor prescribed by the Framework Act on the Construction Industry.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes on contract for construction works, a standard contract for construction works, a compiled statement by type of official business, submission of labor details, and account transactions;

1. Article 109 (1) and Article 44-2 (1) of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, Articles 109 (1) and 44-2 (1) of the same Act, and the selection of fines

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

1. Article 70 of the Criminal Act to attract a workhouse.