Defendant

B shall be punished by a fine of two million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Punishment of the crime

A as an individual constructor, he is an employer who has been awarded a contract for early construction of detached houses in Gyeyang-gu in order to improve the quality of the housing from Defendant B and has been performing construction works by using seven full-time workers, and Defendant B is an individual constructor who is a quasi-contractor of the construction works.

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.

Defendant

B did not pay the construction cost under the contract to A without any justifiable reason, and did not pay the total of KRW 9,150,000 to eight workers employed by A as shown in the attached list of crimes.

Summary of Evidence

1. Defendant B’s legal statement

1. A suspect interrogation protocol of the police officer;

1. Statement by the police investigator of E;

1. Application of Acts and subordinate statutes on arrears;

1. Articles 109(1) and 44 of the Labor Standards Act concerning criminal facts;

1. Selection of each alternative fine for punishment (the same type of punishment and the previous conviction for a suspended sentence and the previous conviction for a suspended sentence and the details leading to the delayed payment of wages and the amount thereof);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When a worker dies or retires, the employer of the facts charged shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, Defendant A, as indicated in the attached list of crimes, worked at the above construction site from November 20, 2013 to December 15, 2013, with the wage of KRW 450,000 in November 2013, and the wage of KRW 900,00 in December 2013, as well as KRW 1,350,00 in total, and KRW 1,350,00 in total, and KRW 9,150,000 in total for eight retired workers as indicated in the attached list of crimes.