근로기준법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
(e).
Punishment of the crime
The Defendant, a person operating company D in Seongbuk-gu Seoul Metropolitan Government 5 floors, was awarded a subcontract, registered, etc. for reinforced concrete construction works, and sub-subcontracted the said construction works to F who is not a person operating a construction business, among the construction works of Gyeonggi-gun E Apartment Construction Co., Ltd., and F re-subcontracted the said construction works to G who is not a person operating a construction business after registration.
Where a subcontract is made two or more times in a construction business, and a subcontractor who is not a person who runs the construction business after making registration, etc. fails to pay wages to his/her workers, the immediate upper contractor shall be jointly and severally liable to pay the wages of workers employed by the subcontractor to the subcontractor, and where the immediately upper contractor is not a person who runs the construction business after making registration, etc., the immediately upper contractor shall be deemed the immediately upper contractor.
Nevertheless, the Defendant did not pay KRW 4,375,00,00 from November 20, 2012 to April 10, 2013, to workers H’ wage of the above G G who worked at the site of the said apartment construction work, without an agreement between the parties to the extension of the payment deadline, within 14 days from the date on which the cause for payment occurred.
In addition, the Defendant did not pay the total of 110,60,628,00 won for the remaining 137 workers, excluding No. 132, 134, 136, 136, 136 through 142, 150, 151, and 154, from among 183 workers of the above G, 23, 24, 25, 27, 29, 39, 65, 65, 68, 69, 72, 74 through 82, 116, 119, 121, 133, 134, 136 through 142, 150, 151, and 154, without any agreement on the extension of the payment date between the parties concerned.
Summary of Evidence
1. Court statement of the defendant (which is made on the fifth trial date);
1. Each legal statement of witness F, I, and G;
1. Each written statement prepared in the I;
1. Each written petition;
1. A detailed statement of overdue wages;