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Defendants shall be punished by a fine of KRW 6,000,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is the actual operator of "E Co., Ltd." in Gwanak-gu in Seoul Special Metropolitan City, a user who employs 17 full-time workers and engages in construction business without registration, etc. in accordance with the Framework Act on the Construction Industry, etc., and Defendant B is the representative director of "H Co., Ltd." in Seocho-gu Seoul Metropolitan Government Ftel G, who employs 5 full-time workers and engages in construction business by registering construction business in accordance with the Framework Act on the Construction Industry.
H Co., Ltd. was awarded a contract from the owner I for the new construction of a nearby and multi-family house in Dongdaemun-gu Seoul Metropolitan GovernmentJ, and E Co., Ltd was awarded a subcontract from H Co., Ltd. for the interior and board construction during the aforementioned new construction works.
1. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant worked at the said new construction site from June 9, 2016 to October 31, 2016, and did not pay the total amount of wages of K 16,56,660 won in June 2016, and the total amount of wages of 2,50,000 won in July 2016, wage of 3,50,500,000 won in August 2016, and wages of 3,50,000,000 won in September 2016, and wages of 3,50,50,000,000 won in October 3, 2016, as indicated in the attached Table of Crimes, and did not pay the retirement worker wages of 4,96,60 won in total from the 17th,60,600 won in total within the 14th day of each due date without agreement between the parties to the payment.
2. Where a business has been subcontracted out two or more occasions in Defendant B construction business, and where a constructor who is not a constructor fails to pay wages to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;
Nevertheless, the defendant is a direct contractor A who is not a constructor.