근로기준법위반
1. Defendant A’s instant public prosecution is dismissed.
2. Defendant B is innocent.
[Public Prosecutor] Defendant A is a user who actually works for the construction business as a representative of the (State) E located in Busan Jin-gu, and Defendant B is an employer who is engaged in the construction business without a certain trade name from the Busan Lin-gu.
Defendant
B entered into a contract with H, the representative of G on September 3, 2013 for the construction of a new factory in Busan, Seo-gu, Busan, and entered into a contract with Defendant A for the construction of a new factory in KRW 30,486,864.
1. Defendant A from around September 15, 2013
9. Until July 17, 200, wages of 510,000 shall not be paid to 8 workers, as shown in the list of crimes in the attached Table, as well as the payment of 5,920,000 won to 8 workers, who were employed in the construction site of the above factory and retired from work, within 14 days from the date of each retirement without any extension of the due date by an agreement between the parties.
2. In cases where Defendant B’s business is carried out through multiple subcontractings, if the subcontractor fails to pay wages to workers on account of a cause attributable to the immediate upper-tier subcontractor, the immediate upper-tier contractor shall be jointly and severally liable with the relevant sewage supplier;
Defendant did not pay KRW 4,683,864 in subcontract amount to A without justifiable grounds even after the completion of the construction work at the construction site of the above factory, and caused A to not pay KRW 6,920,000 in total to eight workers, as described in paragraph 1, within 14 days from each retirement date without any extension by agreement between the parties concerned.
[Dismissal of Public Prosecution] After the prosecution of this case was instituted by Defendant A, K on behalf of workers (the complaint also representing workers) submitted a written withdrawal of the complaint and withdrawn the wish to punish the defendant. Thus, this part of the indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.
[Supplementary charge of a crime]: Defendant B is guilty of the facts charged.