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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is the representative of Tong Young-si (State)C in B, who ordinarily employs 12 workers and operates a shipbuilding business.
1. The Defendant did not pay KRW 28,232,536 in total, 28,232,536 in the number of employees in arrears in the attached Form 4,5, 7, 7, 9 re-employed workers in arrears, including KRW 612,634 in August 2016, who worked for production from around August 26, 2016 to October 1, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date. The Defendant did not pay KRW 9,145,987 in total, 3 employees in arrears in the attached Form 5,7,9, 145,987 within 14 days from the date of retirement without agreement on the extension of payment date between the parties concerned.
2. Where a business for violation of the Labor Standards Act (unpaid gold) has been conducted through several tiers of subcontractings and a worker has failed to pay wages to the worker due to a cause attributable to the immediate upper-tier subcontractor, the immediately upper-tier subcontractor shall be jointly and severally liable with the relevant sewage donor;
The Defendant, as a representative of the CoC, is a sub-contractor for the construction of the carriage line ordered by Hyundai Shipping Co., Ltd. to the FF company for the operation of E.
The Defendant was unable to pay KRW 121,769,540, the amount of wages in arrears in the name of 13 employees within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties, as shown in the list of crimes attached hereto, due to reasons attributable to which the Defendant did not pay KRW 121,769,540, the amount of wages in arrears to be paid by September 20, 2016 under the said contract.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Each police statement made to H, I, J, and E;
1. Details of arrears, average wages and retirement allowances, wage ledger ( October 2015 to October 2016), and wage ledger.