Defendant

B shall be punished by a fine of 5,000,000 won.

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

Punishment of the crime

[Defendant B] The Defendant: (a) was the actual manager of K, Inc., in the Republic of Korea, in the field of the construction of a new harbor for Jeon-gun L, North Korea; (b) was awarded a subcontract in KRW 324,40,00 to M, a corporation without a construction business license; (c) was awarded a subcontract in KRW 231,440,00 for the above structural frame; and (d) A was employed by the above N to receive KRW 220,920,000 for the above structural frame from July 2016 to September 30, 2016 to employ KRW 19 full-time workers.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor.

Provided, That where any cause attributable to an immediate upper tier contractor occurs due to the upper tier contractor's cause, the upper tier contractor shall also be jointly and severally liable.

The Defendant did not pay KRW 324,400,000 on October 1, 2016, which was the payment date of the contract to M Co., Ltd., without justifiable grounds, and the Defendant has worked from September 1, 2016 to September 29, 2016 at the above construction site.

The retirement D's wages of KRW 3,040,00 on September 2016, as indicated in the attached Table Nos. 5, 6, 10 through 19, the total amount of wages of KRW 27,640,000, as well as KRW 3,000 on September 5, 2016, was unable to be paid within 14 days from each retirement date without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against A, N, orO;

1. Each police protocol of statement of C, P, and Q;

1. Application of construction standards subcontract agreements, direct payment guarantee certificates, and each of the Acts and subordinate statutes for working places;

1. Article 109(1) and Article 44(1) of the relevant Act and Articles 109(1) and 44 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;