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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of "2014 Highest 6208" is the representative of the (ju) E located in Daegu Northern-gu D, who is an employer who operates wholesale and retail business (a remote area and floor) with five regular workers employed.
From June 4, 2014 to October 4, 2014, the Defendant did not pay 32,340,000 won, in total, of 5 employees, within 14 days from the date of retirement, as shown in the attached crime list (1), without agreement on the extension of the due date between the parties concerned, to the amount of 2,160,000 won in June 6, 2014, which was retired from office, within 14 days from the date of retirement, as stated in the attached crime list (1).
The Defendant, as the representative director of E (ju), is a quasi-exclusive contractor who has been awarded a contract with H for a Docking with respect to the new construction of G Apartment in Chungcheongnam-si, and further subcontracts to I who is not a constructor.
Where a construction business is subcontracted two or more times and a subcontractor who is not a constructor fails to pay wages to his/her workers, the immediate preceding contractor shall be liable for the wages of workers employed by the subcontractor jointly and severally with the subcontractor.
The Defendant, as the direct contractor of I, was employed at the construction site of the G Apartment, and the J, an employee of I, from January 21, 2014 to March 30, 2014, retired from office, but did not pay KRW 2,60,000 on March 2014 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and did not pay KRW 55,200,000 for the total amount of wages of 28 workers employed by I as shown in the attached list of crimes (2).
Summary of Evidence
"2014 Highest 6208"
1. Defendant's legal statement;
1. Statement prepared by the special judicial police officer with respect to F;
1. "Adjustment of the amount of unpaid wages";