A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is the representative of the D Co., Ltd. in Bupyeong-gu, Nowon-gu, Seoul, who is an employer who operates a construction business by employing 20 full-time workers.

Where a construction business is executed under two or more contracts, if a subcontractor who is not a registered constructor fails to pay wages to his/her workers, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

The Defendant, as a registered constructor, awarded a contract for the construction of the F swimming pool in E, and awarded a contract for the construction work to G who is not a construction business license.

The Defendant, at the above construction site around August 25, 2012, was employed by G from around July 16, 2012 and worked for G from around July 16, 2012, did not pay the total of KRW 1,610,00,000 for the wages of July 2012, and KRW 2,870,000 for the wages of August 2012 as indicated in the attached list of crimes, and did not pay KRW 50,960,000 for the total wages of KRW 17,00 for each worker within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of witness G;

1. Each prosecutor or police interrogation protocol or statement of the accused;

1. Each police statement of H and G;

1. The application of the construction agreement and the Acts and subordinate statutes that dismiss labor expenses;

1. Relevant Article of the Criminal Act, Articles 109 and 44-2 of the Labor Standards Act, and imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;