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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, as the representative of C in Daegu-si, Northern-si, 2016, is an individual who was employed by ten full-time workers on January 5, 2015 by subcontracting KRW 300 million from F, the representative director of E, a stock company, and did not register construction business from December 30, 2014 to May 28, 2015.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 3,919,350 on May 2, 2015 of G that retired from office as the head of a punishment mold from April 2, 2015 to May 28, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
[2016 High 124] The Defendant is a person who operates “C” at the Daegu Suwon-gu H.
Any person who intends to conduct construction business shall register the national land with the Minister of Construction and Transportation by industry prescribed by Presidential Decree: Provided, That in cases of performing construction works of which the estimated cost is less than 15 million won as construction works for performing specialized construction works, he/she may conduct construction business without making a registration.
Nevertheless, the defendant does not register construction business;
1. From December 30, 2014 to June 30, 2015, construction was subcontracted to KRW 300 million from E among construction works for new apartment units D in the Gyeongbuk-gun, the old age group, which was ordered by “(State housing construction”) from around December 30, 2014 to around June 30, 2015.
2. From March 3, 2015 to October 31, 2015, the construction was awarded a subcontract for the steel reinforced concrete construction work (ju) from E among the new construction works ordered by Gyeongbuk-gun I to Gyeongbuk-gun (J) that was ordered by Gyeongbuk-do from around March 3, 2015 to October 31, 2015.
The defendant does construction business without registering it.