Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally liable for the wages of the workers employed by a sewage supplier.

C As a personal construction business operator, the Defendant, the representative of D, was the sewage-based supplier who received subcontract price of KRW 23,500,000 for the stone construction work at the construction site, and performed the construction work at the construction site.

The Defendant, as the representative of Songpa-gu Seoul Metropolitan Government F, is a direct contractor with two full-time workers who subcontracted the above construction work amount to KRW 23,500,000 for the construction work cost to the above C who did not have a construction business license, when executing the stone construction work upon receiving a supply of construction work from the Unified Construction Co., Ltd.

C The subcontractor was unable to pay the total amount of KRW 7,270,000 for six retired workers, as shown in the list of crimes in the attached Table, as well as KRW 1,020,000 for G retired from office as working from October 24, 2015 to November 8, 2015, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

Thus, the defendant, who is a direct demand and supply, is jointly and severally liable with the above C to pay the above unpaid wages to six retired workers.

Summary of Evidence

1. A protocol concerning the examination of suspect by a special judicial police officer against the defendant;

1. Statement made by each special judicial police officer against H and G;

1. Written complaints filed by I and J;

1. A report on investigation (report on the contents of C currency);

1. Certification of business registration;

1. Application of Acts and subordinate statutes to certify construction business registration;

1. Article 109 (1) and Article 44-2 (1) of the Act on Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (1) and 44-2 (1) of the same Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.