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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
When a worker retires, the employer shall pay wages and other money and valuables within 14 days from the date of retirement, except where there is an agreement between the parties on the extension of the payment date.
Where a business is conducted based on several subcontractings, if a sewage supplier fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper contractor shall be jointly and severally liable with the sewage supplier: Provided, That where the cause attributable to the direct supplier arises due to the cause attributable to the upper supplier, the immediate upper contractor shall be jointly and severally liable for the delivery of the upper supply and demand.
The Defendant, as the actual representative of the Company B, was a business owner who participated in the construction of the aggregate part of the apartment construction project in the Cheongong-gun Group C, and subcontracted the structural part of the said new apartment construction project to D, and D further subcontracted the steel part to F.
The Defendant jointly and severally with D, from December 1, 2014 to March 25, 2015, worked in the non-public sector at the aforementioned construction site and did not pay KRW 3,610,000, in total, deposited in 32 daily workers as shown in the attached Table 2 and 3 of the crime sight table, including KRW 3,610,000, in December 2014, and retired G, within 14 days from the date of retirement, which is the cause of payment, without agreement on the extension of the payment date between the parties.
The Defendant jointly and severally with F, from November 1, 2014 to January 25, 2015, worked in iron bars at the aforementioned construction site, and retired H’s wages of November 2014, including KRW 510,000,00, as stated in attached Table 1, did not pay KRW 52,445,000, in total, to 28 daily employees, within 14 days from the date of retirement, which is the cause of payment, without agreement on the extension of payment period between the parties.
Ultimately, the Defendant is above from November 1, 2014 to March 25, 2015.