Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
[Judgment of the court below] The plaintiff was the employer who used workers at the site of multi-household new construction works in Yong-gun C in Chungcheongnam-gun, Chungcheongnam-gun and used them to perform the mold construction works, steel-line factory assembly, bean crypryp theory, and non-establishment and cancellation thereof, and the defendant Eul was the individual constructor who subcontracted the above construction work to the defendant B.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, B has the same year from June 23, 2016.
8. Until April 8, 200, workers D, who were employed at the above site and retired, did not pay 15,590,000 won in total, including the 2,340,000 won of wages of 11 workers, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the list of crimes.
【Defendant A’s crime】 Where a project is conducted based on several tiers of subcontractings and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper-tier contractor, the immediate upper-tier contractor shall be jointly and severally liable with the subcontractor.
Nevertheless, Defendant A failed to pay KRW 14,500,000, out of the amount stipulated in the contract agreement to subcontractor B without justifiable grounds, and Defendant A failed to pay KRW 15,590,000 to workers as stated in the premise B, within 14 days after the cause for the payment occurred without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. The suspect interrogation protocol of the police as to B;
1. Each police statement made to B, D, and E;
1. Each work log (Duplicate), each telephone confirmation, the contents of non-prosecution confirmation, a copy of written opinion, etc., review of the suspect A's assertion of set-off, each complaint, each complaint, each complaint, each complaint, each complaint, and each authenticity list;