A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in this case (2017 Highest 2338), BS, BT, BU, BV, BX, BY

Punishment of the crime

"2016 Highest 1736"

1. The Defendant is the representative of C Co., Ltd. (Tgu U in the location of the business head) who violated the Labor Standards Act due to delayed payment of wages to C workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment period.

However, the Defendant, from November 12, 2015 to January 27, 2016, employed by the said company and retired from office, did not pay KRW 2,788,000 in the aggregate of the wages from November 1, 2015 through January 2016 to January 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties. Moreover, the Defendant did not pay KRW 104,969,00 in total of the wages of the victims employed by the said company as in the attached Table 1 of the Crimes List 1.

2. On June 29, 2015, the Defendant violated the Labor Standards Act due to delayed payment of wages due to the joint and several liability of a direct supplier, as the representative of the registered construction business chain C, and subcontracted the construction of new urban-type housing to Daegu-gu CB Urban Residential Housing by the CA around June 29, 2015.

Where a construction business is carried on two or more occasions and a constructor who is not a registered constructor fails to pay wages to his/her workers, the person directly responsible for receiving the wages shall pay the wages to the workers employed by the subcontractor jointly and severally with the sewage constructor.

However, the Defendant, who was employed by the saidCC from July 24, 2015 to September 30, 2015, and worked for and retired from office on September 2015, 2015, did not pay 2,84,000 won of the CD on September 9, 2015 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as shown in the attached Table 2 of the Crimes List 2.