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1. Defendant A
(a) Defendant A shall be punished by imprisonment for six months;
(b)Provided, That the above sentence shall be imposed for a period of one year from the date this judgment becomes final.
Reasons
Punishment of the crime
Defendant A is an employer who carries out construction business after receiving a contract for painting construction among the new construction works of “AS apartment with a wife population AS apartment with AR in Permitted City from AR, and from among the new construction works of “ATS apartment with the Seo-gu Incheon City, Incheon.” Defendant B is an actual manager of the above ADR in Dobong-gu Seoul, Seoul, and Defendant B is a direct contractor who has been awarded a contract for painting construction among the new construction works of “AS apartment” from AV Co., Ltd., and from AW Co., Ltd., he is a direct contractor who re-subcontracted as above.
1. From February 14, 2017 to August 24, 2017, Defendant A worked at the said “AS apartment complex” construction site, and the Defendant did not pay the wages of 14 employees within 14 days from the date of retirement without agreement between the parties on the extension of the due date, including the amount of KRW 1,951,280, totaling KRW 971,280, wage of April 201 of 2017, the amount of KRW 980,000, wage of August 2017, and KRW 1,951,280, and the amount of KRW 14 days from the date of retirement.
2. Where a business has been contracted for construction works two or more times in Defendant B, and a subcontractor who is not a constructor fails to pay wages to his workers, an immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;
As stated in paragraph (1), the Defendant subcontracted the painting work to A, who is not a constructor, and as described in the separate sheet (1) Nos. 3, 9, and 25, the Defendant did not pay the wages to 18 workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned. Thus, even though the Defendant and A were jointly and severally liable to pay the above wages.