A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

[criminal power] On October 15, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Labor Standards Act at the Ulsan District Court, and the said judgment was finalized on December 11, 2015.

【Criminal Facts】

"2016 Highest 820"

1. The Defendant, as a manager of the (ju) FF, whose head office is Busan Ho-gu E, is the employer who was awarded a subcontract from H (H) to March 31, 2015 at the construction site of the city from April 29, 2014 to March 31, 2015 and performed construction by using 20 full-time workers who were awarded a subcontract for the construction project from H (H) at the construction site of the city.

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

Nevertheless, from November 25, 2014 to March 30, 2015, the Defendant did not pay 10,081,000 won, including the I’s wage 2,151,000 won in February 2, 2015, which served as an unclaimed worker at the said workplace, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties.

"2016 Highest 1561"

2. As described in paragraph 1, the Defendant, as a manager of FF, was awarded a subcontract from H to G during the construction of new G G from H, and re-subcontracted to J, an individual constructor who is not a construction business license, for the foregoing construction work.

Where a construction business is subcontracted two or more times, and a subcontractor who is not a constructor holding a construction business license fails to pay wages to his workers, the immediate upper contractor shall pay the wages to the workers employed by the subcontractor jointly and severally with the subcontractor.

Nevertheless, the Defendant, as a direct superior contractor of J, was No. 13, a year, stating the details of money and valuables unpaid to each of the annexed individuals, including K workers employed by J as a co-ordinator from February 2, 2015 to February 14, 2015.