I'm just a worker... Accused of being an ‘unqualified businessman’?

Mr. A was accused by the relevant agency of being an unqualified businessman... Claimed to be “written at the company’s request”
Prosecutors, “It is unclear whether the written service contract was actually concluded.”

A worker accused of carrying out subcontracting work without registering his/her construction qualifications was cleared by the prosecution.

On the 7th of last month, the Namyangju branch of the Uijeongbu District Prosecutors' Office decided not to indict worker A, who was sent on charges of violating the Framework Act on the Construction Industry.

Mr. A, who worked as a human resources team leader at a construction company, was accused of unregistered construction by related agencies, including the Seoul Regional Construction Management Office. This is because it was confirmed through service contracts, etc. that subcontracting work was carried out without registering as a construction business. They emphasized that the quotation submitted by Mr. A to the company was also confirmed.

However, Mr. A denied the charges. He said he was just an employee belonging to the company and not a subcontractor. At the same time, Mr. A claimed that the contract was written at the request of an official from the company where he worked.

In addition, Mr. A explained that at the time of writing the document, a company official mentioned the issue of severance pay for those who left the company midway and requested his signature to resolve the issue. At the same time, he emphasized that the contract was drawn up after persuading the relevant person that there would be no disadvantages, and that the quotation itself was not written at all.

The prosecution determined that Mr. A was a worker who simply provided labor. The prosecution said, “If you look at the written service contract, no specific construction details are written down,” and “Mr. A’s company is listed in both the supplier and contractor categories, so it is unclear whether the contract was actually concluded.”

He added, “The large amount stated in the quotation has never been deposited into Mr. A’s account,” adding, “Considering these details, we cannot conclude that Mr. A is a separate subcontractor.”

Attorney Jeong Jae-bong of Daeryun Law Firm (Limited), who represented Mr. A, said, “When the issue of severance pay arose, the company forced Mr. A to sign a contract and claimed that it was a service relationship.”

He added, “In addition, the company filed a lawsuit seeking compensation on the grounds that they paid severance pay on behalf of Mr. A, and they lost this case as well.” He added, “It appears that the prosecution also accepted the result of this lawsuit and dropped the charges.”

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