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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, as an individual constructor with an address in Dongdaemun-gu Seoul Metropolitan Government, employed seven workers under contract with E from among the new construction of multi-household houses in Gyeonggi-gu D.
From April 22, 2016 to May 30, 2016, the Defendant did not pay total of KRW 29,105,000 to seven workers as indicated in the attached Table, including KRW 4,250,000 in April 2016, and KRW 4,440,00 in May 2016, and KRW 29,105,00 in total, as indicated in the attached Table, within 14 days from the retirement date without agreement between the parties on the extension of the payment date.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Each police statement statement to G, H, I, J, and K (Evidence No. 8,9);
1. Application of Acts and subordinate statutes to D New Construction Works in Pyeongtaek-gun ( April, May) (detailed statement of overdue wages prepared by a person under consideration);
1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime and Articles 109 (1) and 36 of the same Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;