Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Punishment of the crime

The facts charged are partially revised and recognized to the extent that it does not impede the defendants' exercise of their right to defense.

[criminal record] On January 5, 2017, Defendant B was sentenced to imprisonment with prison labor for six months for fraud in the Daegu District Court’s assistance, and the judgment became final and conclusive on August 31, 2017.

[2016 Highest 826]

1. Defendant A is the representative of the AC located in the building AB of the Daegu-gu Building AB, who is an employer who employs 49 full-time workers at the site of the urban-type residential house construction work located in the Gyeongbuk-gu Gyeongbuk-gu Seoul Metropolitan Government.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, on March 11, 2016, did not pay the total of KRW 75,665,000 for workers 49, including KRW 2,520,000 of the wages of E retired from the above site on February 2, 2016, as shown in the List of Crimes (1) in the attached Table, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties.

2. Defendant B, as the representative director of AG, who is located in the third floor of the building AF in Ansan-si, is a direct contractor who awards a subcontract for the construction of urban-type residential housing in 1,562,00,000 won from AH Co., Ltd. and employs 13 full-time workers. Defendant B, who did not obtain a construction license, worked for a construction-type urban-type residential housing construction in 1,287,00,000 won, to a non-exclusive contractor who awards a subcontract for the third floor structural construction in 1,28

Where a construction business is contracted for construction on at least two occasions, if a constructor who is not a constructor defined in 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 employees, the immediate upper-tier supplier shall use the wages jointly with a sewage supplier.