Each public prosecution against the Defendants is dismissed.

1. Summary of the facts charged

1. Defendant A is an employer who has run a construction business (a assembly project near a retaining wall) by using 14 full-time workers at the site of a joint wall construction project for civil engineering retaining walls within a new apartment building construction project in chronological City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 26,30,000 of wages of 14 workers within 14 days from the date of retirement without any agreement on the extension of payment period between the parties, as shown in the list of crimes in the attached Table, including KRW 600,000 in November 2016, 2016 to November 25, 2016.

2. Defendant B is a person who is a manager of the F Co., Ltd. located in Ansan-si E and 1-217, and is not a constructor as prescribed by the Framework Act on Construction Industry, and is a direct contractor who subcontracts to KRW 330,000 per ton wage for steel works for civil retaining wall joint and steel works within the construction works of the emulgic City C Apartment-si, not a constructor as prescribed by the Framework Act on Construction Industry.

Where a construction business has been subcontracted two or more times for a contract, if a constructor who is not a person who runs the construction business after having registered pursuant to the Framework Act on the Construction Industry or any other Act fails to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by the sewage supplier.

Nevertheless, although the Defendant failed to pay KRW 26,30,000 to 14 workers as indicated in the attached crime list, including the amount of KRW 600,000 in November 2016, the Defendant did not pay KRW 26,30,000 to 14 workers as indicated in the attached crime list from September 12, 2016 to November 25, 2016.