Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The Defendants were punished by fine.

Punishment of the crime

Defendant

A is an employer who has operated personal construction business in K at the time of Gyeonggi-ri, and Defendant B is a direct contractor who has subcontracted the part of pipeline construction to Defendant A without a construction business license, as the representative of M (State) in the Dong-gu, Ansan-si, Gyeonggi-si.

1. Defendant A

(a) An employer who fails to prepare a labor contract shall deliver to the worker a written statement specifying the matters pertaining to the constituent items, calculation method, payment method of wages, prescribed working hours, holidays and annual paid leave when concluding the labor contract;

Nevertheless, around August 1, 2017, the Defendant concluded a labor contract with O at the construction site of the Seo-gu Incheon Ntel in Seo-gu, Incheon, and did not deliver to workers a document stating the above matters.

(b) When a worker retires, the employer unpaid the wages shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 14,490,000 for eight workers within 14 days from the date on which the cause for the payment occurred, as indicated in the attached Table I through 9, 12, and 15, as well as the amount of KRW 1,960,000 of the P who worked from May 3, 2017 to June 30, 2017, as well as the amount of KRW 1,960,00 on June 6, 2017, as indicated in the attached Table I through 9, 12, and 15.

2. Where a business has been subcontracted for two or more contracts for construction work in Defendant B and a subcontractor who is not a constructor fails to pay wages to his workers, the immediate upper contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;

Nevertheless, the Defendant’s ground for payment of KRW 11,340,000, including KRW 1,960,000 of P on June 6, 2017, as indicated in Appendix II Nos. 4 through 8, and 11, is without agreement on the extension of the due date between the parties.