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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

D is a constructor as stipulated in Article 2 (7) of the Framework Act on the Construction Industry.

The Defendant, using 30 full-time workers as the representative director of Gangnam-gu Seoul Metropolitan Government D Co., Ltd., who was awarded a contract from the representative G of the project owner F, Inc. to perform the interior of the Hmaart Dri reconstruction work and the Hmaart Nam Construction work, the Defendant awarded a contract to the representative of the subcontractor, other than the contractor, for the string, lighting, waterproof, waterproof, and painting work, and the I representative J re-subcontracted to K without a construction license, and the Defendant is a direct contractor under the Framework Act on the Construction Industry.

Where a construction business is conducted two or more times under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry and 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 (limited to wages generated from the relevant construction works) to his/her workers, the immediately preceding contractor shall be jointly and severally liable to pay wages to his/her workers employed by the subcontractor.

Nevertheless, the Defendant did not pay the amount of KRW 8,200,000 for the total wages of four daily workers as well as KRW 2,250,000 for L, which was used by K for an unclaimed construction site from October 26, 2012 to November 11, 2012 at the above construction site, within 14 days from his retirement date, without agreement between the parties to the extension of the payment due to the default of D Co., Ltd.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The suspect interrogation protocol of the police against K;

1. Each police statement of L, K, and M;

1. A letter of appeal filed by L and two other power of attorney, N andO respectively;

1. Application of Acts and subordinate statutes on confirmation of information on construction enterprises;

1. Relevant Article 109(1) and 44-2 of the Labor Standards Act concerning criminal facts and the choice of punishment.