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All of the prosecutions of this case are dismissed.

Reasons

An official small-scale subcontractor B is an employer who is engaged in the construction work after being awarded a contract for the construction work among the new construction work of Da Apartment-gu Seoul Metropolitan City from C, and the defendant is an actual manager of building E and building C, which is located in F, and sub-subcontracted the above construction work to B among them. If a subcontractor who is not the constructor fails to pay wages to his employees under the circumstances where the construction work was concluded two or more times in construction work contract, the immediate upper tier contractor shall be jointly and severally liable to pay the wages of workers employed by the subcontractor. The defendant is a subcontractor to B who is not the constructor, and the defendant does not want to pay wages of 14,98,660 won in total to 5 workers within 14 days from the date of his retirement without agreement on extension between the parties. Despite the occurrence of the above obligation to pay the above wages, the defendant did not institute a public prosecution against the defendant under Article 104(1)2 of the Labor Standards Act, which is a crime under Article 104(2) of the Criminal Procedure Act.