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Defendant
A shall be innocent.
Reasons
1. The summary of the facts charged is a direct contractor who subcontracted the repair of E to D as the representative director of the C Co., Ltd. located in Busan Young-gu B.
Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediate preceding contractor shall be liable for the wages jointly and severally with the subcontractor.
Nevertheless, the Defendant did not pay KRW 20,00,000 for completed portion on June 2017, and KRW 3,294,50 for completed portion on July 20, 2017 by August 20, 2017, and did not pay KRW 6,826,250 for total wages of two workers employed by D within 14 days from the date of retirement without agreement on the extension of the due date.
2. Determination
(a) Article 44 (Payment of Wages for Contract Projects) (1) of the Labor Standards Act (hereinafter “Labor Standards Act”) shall be jointly and severally liable with a subcontractor if the subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor when the project is carried out based on several tiers of subcontracting;
Provided, That where any cause attributable to an immediate upper tier contractor occurs due to the upper tier contractor's cause, the upper tier contractor shall also be jointly and severally liable.
(2) The causes attributable to paragraph (1) shall be prescribed by Presidential Decree.
The scope of causes attributable to Article 44 (2) of the Enforcement Decree of the Labor Standards Act shall be as follows:
1. Where the contract amount is not paid by the payment date specified in the contract amount without justifiable grounds;
2. Where he/she delays in supplying, or fails to supply, the raw materials agreed upon by a contract agreement without a justifiable ground;
3. Where conditions of a contract for work are not met without justifiable grounds, thus a subcontractor fails to normally perform the contract for work.
B. The following circumstances, which are acknowledged by the records of judgment, C Co., Ltd., shall be E.