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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant, as the representative director of the D in Seocho-gu Seoul Metropolitan Government, was a person who was performing construction works in the SUPPR Tdong and the general interior works in the U/T machinery room from G (ju) among the F new construction works in the Seocho-gu Seoul Metropolitan Government, and H and I were a personal construction business operator without a construction business license, who used workers by re-subcontracting from D to 135,000 won per capita per worker (labor contract).
1. An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, from June 29, 201 to August 23, 2011, the Defendant did not pay the total of 33,697,500 wages of 24 workers within 14 days from the date of retirement, as shown in the attached crime list, as well as the amount of 1,80,000 wages of JJ, which worked as a swimming hole at the above construction site from July 2011.
2. When a worker dies or retires, the employer in violation of the International Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, from June 29, 201 to August 25, 2011, the Defendant failed to pay the sum of the KRW 660,562 of the wages of July 201, and KRW 1,920,580,562 of the wages of August 201, and KRW 2,580,562 of the wages of August 201, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
3. Where a business has been subcontracted under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry on two or more occasions in a construction business violating the Labor Standards Act and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to workers employed by the subcontractor, the immediate upper tier contractor shall be jointly and severally with the subcontractor;