Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 2014, the Defendant is an individual constructor who used 20 full-time workers at the site of interior works of the C Hospital in Guro-gu Seoul Metropolitan Government, and performed lightweight construction works.
When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.
The Defendant, while working in the foregoing workplace from March 31, 2014 to May 6, 2014, had not paid the total of KRW 4,800,000 of wages of retired workers D within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay the total of KRW 44,285,000 within 14 days from the date of retirement as shown in the attached crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, and G;
1. Each statement of H, I, J, and K;
1. Each written complaint of L, D and M;
1. Construction works for light quantity of buildings of the C Hospital in B, cash storage certificate, and inquiry into the results of the transfer management;
1. Application of Acts and subordinate statutes to each attendance card, each notice form of commuting, construction contract, and construction agreement;
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The amount of unpaid wages paid by the Defendants for sentencing under Article 62-2 of the Social Service Order Criminal Act is large and the number of victimized workers is not large.
In addition, the damage suffered by the damaged workers was recovered.
There is no circumstance that the Defendants or the Defendants made efforts to recover damage to victims.
There are two times the records of fines due to the crime of violation of the same Labor Standards Act.
However, the defendant has led to the confession of all crimes and reflect on them.