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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Where a construction business is subcontracted two or more times and a subcontractor who is not the constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable for the wages of workers employed by the subcontractor jointly and severally with the subcontractor.

The Defendant, a person who actually operates C Co., Ltd. in the petition-gu B, was awarded a contract for the new construction of DD neighborhood living facilities in Chungcheong City, and awarded a subcontract for the steel construction to E, an individual constructor.

E, as an individual constructor, who runs a construction business with five full-time workers, has worked in the construction site from December 7, 2017 to the 27th of the same month and has not paid 1,320,000 won of retired workers F, and has not paid 12,980,000 won of total wages of 11 workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties as shown in the attached crime list.

The Defendant, who is the subcontractor of the Defendant, did not jointly pay 12,980,000 won in total of wages that he had not paid to his workers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. The chief executive officer (No. 1) of a complaint;

1. Details of confirmation of telephone, etc.;

1. Application of Acts and subordinate statutes confirming unpaid wages;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the choice of fines for criminal facts

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;