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Defendant
A A shall be punished by a fine of KRW 2,000,00, and a fine of KRW 1,500,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. Defendant A is an individual constructor with the domicile in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu and 104 dong 902, who is employed by Defendant A, without a construction business license, by entering into a subcontract for construction works for the establishment of an external board board of directors in KRW 27,000 per square meter from (ju) H representative B at the site of new construction work located in e.g., in e., the Defendant.
However, the Defendant leased the name of “K” with a construction business license, and entered into the said subcontract with “H”.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant did not pay KRW 20,110,00 in total amount of wages of 5,950,000 working from February 10, 2015 to April 10, 2015, as shown in the attached crime list, on the ground that he did not receive progress payment from B at the construction site from B, within 14 days from the date when the cause for the payment occurred without agreement on the extension of the due date between the parties.
2. Defendant B, as the H representative director in Sungnam-si J, the Defendant is an employer who runs a construction business with ten full-time workers, and is a direct contractor who subcontracts the part of the panel construction to A without a construction business license while performing new G construction works located in F at the time of harmony.
Where a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry is made two or more times, if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, an immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor.
Accordingly, the defendant.