The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

D (State) erroneous determination of facts (hereinafter referred to as “D”) entered into a direct employment contract with H and I as well as with 25 workers belonging to the team operated by the Defendant (hereinafter referred to as “instant workers”) on the part of the construction work of the F Project undertaken in Asia-si (hereinafter referred to as “the instant construction work”), and paid wages according to the contract. Since there was no fact that H and I entered into a construction contract with H, I, it is a direct contractor under the Framework Act on the Construction Industry, the contractor is not obligated to pay wages to the instant workers jointly with H and I.

The sentencing of the court below's decision on unfair sentencing (three million won of fine) is too unreasonable.

Judgment

The lower court, based on the evidence duly adopted and investigated, found the following circumstances, namely, “K, from among the instant workers, has prepared a written labor contract with D in form with respect to the instant construction work, entered into a labor contract with I and 120,000 won per oral average day, and worked under employment by I” (No. 13,14 out of the evidence records, No. 3). Among the H team workers, the remaining workers, other than X, also sought payment of unpaid wages to D through H (Evidence No. 5-27 of the evidence record No. 3). ② H from the investigative agency to the lower court to the lower court, H entered into a labor contract with D and 1,20,000 won per oral average day to the instant workers, and then, from each of the instant workers’ wage and construction cost to each of the instant workers’ wages.