Defendant

B shall be punished by a fine of 3.5 million won.

Defendant

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

Punishment of the crime

Defendant

B was awarded a contract for a new construction of Geumcheon-gu Seoul Metropolitan Government D from around March 2018, and around August 2018, Defendant A, who is not a construction business entity, subcontracted approximately KRW 88,200,00 to Defendant A of the said new construction project, with approximately KRW 88,20,00. Defendant A is a subcontractor who performed the said external wood construction and steel reinforced construction by using 15 full-time workers.

Where a construction business is subcontracted two or more times and a subcontractor who is not a construction business operator 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.

Defendant

B Even though the representative director of E, a corporation, awarded a subcontract as above to Defendant A who is not the constructor, Defendant A employed by Defendant A, from August 4, 2018 to November 5, 2018, did not pay KRW 1,600,000 to the worker F who worked at the above construction site in November 2018, and did not pay KRW 35,60,000,000 for the total wages of four workers, such as F employed by Defendant A, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

Defendant

B Examination of suspect of the Defendants’ testimony in court

1. The police statement of F, G, H, and I;

1. Application of the relevant Acts and subordinate statutes to the subcontract agreement of the F;

1. Article 109 (1) and Article 44-2 (1) of the Labor Standards Act concerning facts constituting an offense and Article 109 (1) of the relevant Act concerning the selection of punishment;

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. Although the amount of wages for which Defendant B did not pay for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment, the number of employees who did not receive the wages is not employed by Defendant B.