A defendant shall be punished by imprisonment for one year.

Criminal facts

The defendant is a person who runs a construction business with approximately 35 full-time workers at the construction site of neighborhood living facilities in Ulsan-gu, Ulsan-gu, without a specific trade name.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 53,980,50 in total amount of wages of 11 employees within 14 days from the date of the occurrence of the cause for payment, as shown in the list of crimes in attached Form C, including KRW 1,317,50,00, which was retired from the Defendant’s work on the said site from November 5, 2014 to January 23, 2015.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the complaint, each petition, and each document for settlement of accounts of a punishment mold;

1. Relevant Articles 109 (1) and 36 of the Act on the Standards of Employment and Selection of Punishment, and the Selection of Imprisonment with labor for a crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes was that this case was indicted on December 16, 2015, and thus, the sentencing guidelines applicable to the offense of violation of the Labor Standards Act, which was instituted after July 1, 2016, are not applicable, but refer only to this case.

[Determination of type] Types 2 (50 million won or more, and less than 100 million won) of the unpaid wage, etc. due to violation of the Labor Standards Act - - [person who is subject to special sentencing] - The area of aggravation [decision in the sphere of recommendation] / [Scope of recommendation] 8 months or more to 1 year and 6 months [general sentencing person] - Whether a person is subject to aggravated factors repeated crimes of this kind, or a repeated crime of the same kind that is not subject to repeated crimes [whether probation is suspended] - Where a person is in arrears with bad faith due to a work site contracted in the form of this case [decision of sentence] where the defendant is in charge of the mold construction, etc.