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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the employer who is a representative of the Gu Government-si building C and D located in No. 204 and who, without a construction business license, received a subcontract for temporary installation, earth and sand construction, home facilities construction, steel reinforced concrete construction, landscaping construction, etc. from F to 20 full-time workers from among the H retail construction works located in Gangseo-gun G in Gangwon-gun G without a construction business license.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.
Nevertheless, the Defendant did not pay KRW 4,80,000, total amount of wages of KRW 90,790,000,000 to workers I who worked at the above construction site from October 4, 2014 to December 1, 2014, the wage of KRW 3,80,000 in November 2014, and the wage of KRW 200,000 in December 2014 as shown in the attached crime list, as shown in the attached crime list, even though there was no agreement between the parties on the extension of the payment date, the Defendant did not pay it within 14 days from each retirement date.
2. Determination
A. The summary of the Defendant and his defense counsel’s assertion is that the Defendant, with E Co., Ltd. (hereinafter “E”), was performing some of the construction works for the construction of H burial in Pyeongtaek-gun G (hereinafter “instant construction works”), and hired workers by subcontracting.
However, the Defendant completed subcontracted construction work by September 2014, and completed it at the site. From October 2014, E company continued construction work by means of employing workers directly from around October 2014.
Therefore, the Defendant is not obliged to pay wages to workers who worked at the construction site of this case after October 2014.
B. 1) Determination of conviction in a criminal trial leads to a judge’s conviction that the facts charged are true beyond a reasonable doubt.