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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A As the representative director of the (ju) E in Seongbuk-gu Seoul Metropolitan City D and 1 floor, a user who conducts construction business with seven full-time workers, and Defendant B, as the representative director of the (ju) GG on the 6th floor of the F building in Gangnam-gu Seoul Metropolitan Government, ordered the H office interior, and subcontracted to Defendant A who is the representative director of the (ju) the subcontracting.
[2014 High Court Decision 1275]
1. From February 15, 2013 to March 2, 2013, Defendant A did not pay KRW 4,150,000 for total wages of KRW 3,560,000, monthly wage of KRW 540,000, and monthly wage of KRW 540,000, which were worked at the 6 interior of the 6th class of the Seoul F building in Gangnam-gu Seoul Metropolitan Government, within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date, as described in the attached list of crimes in the attached Table, and did not pay KRW 9,040,000 for total wages of six workers within 14 days from the date of occurrence of the cause for payment without any agreement on the extension of the due date between the parties.
2. Where Defendant B’s business is executed based on multiple contracts, and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper contractor, the immediate upper contractor shall be jointly and severally liable with the subcontractor. However, the Defendant shall pay KRW 123,00,000 out of the contract amount of H office interior work of H office 173,000,000 to A by March 8, 2013 without justifiable cause, which is the last payment date, and A did not pay KRW 9,040,000,000 to six workers working at the sixth interior work site of Seoul Gangnam-gu Seoul Metropolitan Government FF building, within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of the payment date.
[2014 fixed-term 1700]: Defendant A’s ground for payment, without agreement between the parties on the extension of the due date for payment, as well as the amount of KRW 1,500,00,000 working for the court from February 21, 2013 to March 7, 2013.