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Defendants shall be punished by a fine of KRW 1,000,000.
In the event that the Defendants did not pay the above fine, each of them is 100.
Reasons
Punishment of the crime
1. Defendant A is an individual constructor who, without a construction business license, obtained a subcontract from H Co., Ltd. (Representative Director B) and performed construction works with seven full-time workers at the site of a new construction project located in Ulsan-gu, Ulsan-gu (hereinafter “instant construction project”).
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.
Nevertheless, the Defendant did not pay 12,760,00 won in total for five workers within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, as well as 4,640,000 won, retired from the Defendant’s work as from November 3, 2014 to January 16, 2015 at the construction site of the instant case, as shown in the attached Table Nos. 1, 4, and 733, as well as 1,760,000 won in total, as in the attached Table Nos. 1, 4, and 7.
2. Defendant B, as the representative director of the HH corporation located in Ulsan-gun J of Ulsan-gun, the Defendant is a subcontractor who subcontracted the part of the unclaimed construction to A without a construction business license while performing the construction work under a contract with the Gyeong-gun Construction Co., Ltd., a prime contractor for the instant construction project.
Where a construction business is carried on two or more occasions and a constructor who is not a constructor who has a construction business license fails to pay wages to his/her workers, the immediate upper-tier supplier shall be liable for the wages of the workers employed by the subcontractor jointly and severally with the subcontractor.
Nevertheless, the Defendant, at the site of the instant construction work, worked from November 3, 2014 to January 16, 2015 at the site of the instant construction work, and, as well as KRW 4,640,000, total amount of wages of the I retired from office, as shown in the attached Table Nos. 1, 4, 5, and 7, on a yearly basis, 11,960,000, total amount of wages of four workers, as stated in the attached Table Nos. 1, 4, 5, and 7, on the date of the occurrence of the relevant payment cause.