Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A as the representative of Seo-gu Incheon Metropolitan City D(State) D(State) and is a sub-subcontracted sub-contractor to F who has no construction license while executing the said construction with subcontracting for the said construction amounting to KRW 1.5 billion from E (State).

Where a construction business has been carried out two or more times of a contract referred to in subparagraph 8 of Article 2 of the Framework Act on the Construction Industry, and where a constructor who is not a constructor referred to in subparagraph 5 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper-tier contractor shall be jointly and severally liable for the wages of the workers employed by the subcontractor.

Nevertheless, the Defendant, as well as G wage of KRW 876,00 from July 18, 2015 to January 7, 2016, on the ground that F subcontracted the total amount of KRW 7,412,220 for eight retired workers as shown in the annexed crime list, as well as KRW 876,00,00, for which the Defendant used F to pay the above wages to the employees in arrears, and did not pay the same 14 days after the date on which the cause for payment occurred without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. The defendant's respective legal statements in F, H, I, J, G, and K;

1. Each statement of L, M and N;

1. A written confirmation of each trade name;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of intention of punishment);

1. Relevant provisions of the Acts concerning facts constituting a crime and Articles 109 (1) and 44-2 of the Labor Standards Act for the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Claims to the effect that all wages have been paid;

A. According to the direct payment agreement of the Defendant and workers asserted, the full amount of the wage to the instant workers was paid in full.

B. According to the evidence of the judgment, the wages of the instant workers in E are equivalent to 70%.