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The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, violation of the Labor Standards Act against C and D.
Reasons
Punishment of the crime
The defendant is the representative of the FF corporation located in Gyeonggi-do Kim Jong-si, and is a direct contractor who has awarded a contract to I for the H Basic Civil Works Corporation located in G in Chungcheongnam-si, Chungcheongnam-do.
Where a construction business is executed on two or more occasions, if wages are not paid to workers employed by a subcontractor who is not the constructor, the immediate preceding contractor shall be liable for the wages of workers employed by the subcontractor jointly and severally with the subcontractor.
Nevertheless, the Defendant did not pay 2,340,000 won of the LaborJ employed by I to the lapse of 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
Summary of Evidence
1. Witness I and C's respective legal statements;
1. Application of the police statement law to J
1. Relevant provisions of the Acts concerning criminal facts and Articles 109 (1) and 44-2 of the Labor Standards Act concerning the selection of punishment;
1. A fine not exceeding 500,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;
1. Part of rejection of prosecution under Article 59 (1) of the Criminal Act (with no history of punishment for the same kind, all of the overdue wages have been paid, withdrawal of a complaint against I who is jointly and severally liable, and equality, etc. with those who have been non-prosecution disposition);
1. The summary of the facts charged in this part of the charges is the representative of the FF Co., Ltd. located in Gyeonggi-do Kim Jong-si, and the principal contractor who contracted to I for the H Basic Civil Works Works Corporation located in G in Gyeongyangyang-si.
Where a construction business is executed on two or more occasions, if wages are not paid to workers employed by a subcontractor who is not the constructor, the immediate preceding contractor shall be liable for the wages of workers employed by the subcontractor jointly and severally with the subcontractor.
Nevertheless, the defendant is related to the extension of the due date for payment of the total of KRW 10,900,000,000 for workers C and D employed by I.