A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, each violation of the Guarantee of Workers' Retirement Benefits Act.

Punishment of the crime

[2019 Highest 2608] The Defendant is an employer who runs a construction business while operating the "C" and the "D Limited Liability Company," a construction company in the Seo-gu, Seo-gu, Gwangju.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer responsible therefor shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, as an employee of the aforementioned “C” from April 2015 to February 17, 2017, including the amount of KRW 5,000,000 on December 12, 2016, who worked at the “E New Apartment Construction Work” site located in Naju City, as an employee of the above “C”, and the list of crimes committed in attached Form.

1. As described above, an employee who worked under the “C” and “D Limited Company” was not paid KRW 264,691,544 in total, within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

B. In relation to the H new construction works in Gwangju Northern-gu, the Defendant is the principal contractor who subcontracted the construction works to the said D-based company from the I-based subsidiary company to the said D-based subsidiary company, and then subcontracts the steel processing and assembly works to the J without a construction business license, and in the position of J.

Where a construction business is conducted on two or more occasions, and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall be jointly and severally liable to pay the wages

Nevertheless, the Defendant: (a) from December 6, 2016 to December 10, 2016, the list of offenses in the attached Form, including the amount of wages of 760,000 won on December 2, 2016, for employees K who worked at the H new construction site located in Gwangju Northern-gu G; and (b) the list of offenses in the attached Form.

2. The description.