beta
Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
B As an individual constructor who resides in C 302 in Namyang-si, Namyang-si, and is a user who performs a reinforced concrete construction work from D (10) on a contractual basis among multi-household construction works located in Chuncheon-si E from D (10). Defendant A is a representative director of D (State) located in Songpa-gu Seoul, Songpa-gu, and is a user who runs a construction business using 16 full time workers.
1. Defendant B was employed by the Defendant from October 2, 2012 to January 2, 2013 at the above workplace, and the Defendant paid KRW 8,625,00,00 in total, including the wage of KRW 3,90,00 in October 3, 2012, to employees G retired on January 3, 2013, and KRW 37,630,000 in total, as indicated in the list of crimes in the attached Table, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.
2. Where a business has been subcontracted out two or more occasions of construction work 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;
The Defendant awarded a contract for a multi-household construction work from the building owner H in Chuncheon-si E, and subcontracted the relevant reinforced concrete construction work to B, who is not a constructor, and B, from October 2, 2012 to January 2, 2013, and around January 3, 2013, paid KRW 8,625,000 in total of wages, including KRW 3,90,000,000, for employees who retired from office, as stated in the list of crimes in the attached Table, including KRW 15,00 in total of wages of KRW 37,630,000,000, as well as KRW 14 days from the date of retirement, without any agreement on extension of the due date between the parties.
Accordingly, the defendant, as a direct contractor, has not been liable to pay the total amount of KRW 37,630,000 to workers G employed by B jointly with the above B.