근로기준법위반
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is an employer who does construction work without registering as a business operator and employs workers at a construction site.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 29,580,000 won, in total, for 12 retired workers, as indicated in the attached crime list, including the amount of wages of KRW 1,45,000, in the retirement of E, during the period from June 23, 2017 to June 19 of the same year, at the site of the new construction site of individual housing in the Gangwon-gu Seoul Special Metropolitan City, the new construction site of individual housing in the Gangwon-gu Special Metropolitan City, and the new construction site of community hall in the Gangwon-gu Special Metropolitan City D from June 23, 2017 to June 23, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each letter;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the true list;
1. Article 109 (1) and Article 36 of the relevant Act and the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; and enforced May 29, 2018);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Four months to eight months from the date of imprisonment for a basic area of less than 50 million won in the scope of the recommended punishment according to the sentencing criteria;
2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.
Unfavorable circumstances: At least 29.5 million won of unpaid wages shall be the victim.