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Defendant
A A shall be punished by a fine of four million won or more, and imprisonment with prison labor for one year.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
Defendant B is the user of the steel structure manufacturing business as the representative of Corporation D located in Ulsan-gun C, Ulsan-gun, and Defendant A is the contractor who is a representative of E and has been awarded a contract for the production of “F at a place of business of D Co., Ltd.” from B.
1. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 13,45,00,000, monthly wage of KRW 4,275,000 for April 2018, wage of KRW 4,305,00 for May 2018, wage of KRW 4,125,00 for June 2018, and wage of KRW 750,00 for July 2018, as shown in the list of crimes in attached Table 1, as shown in the list of crimes in attached Table 1.
2. Where a subcontractor fails to pay wages to workers because of a cause attributable to the immediate upper tier contractor, in cases where Defendant B’s business is executed based on several tiers of subcontracting, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor;
Nevertheless, as a direct contractor A, the Defendant did not pay the subcontract price under the contract to A without any justifiable reason, and did not pay the total of KRW 107,667,00 to 17 workers G, etc. employed by A as described in paragraph (1) within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.
Defendant B is the user who operates the steel structure manufacturing business as the representative of Corporation D located in Ulsan-gun C, Ulsan-gun.
An employer shall die.