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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant falls under the orderer of the instant construction work, and the orderer falls under the “direct contractor” under Article 44 of the Labor Standards Act, but the judgment of the court below which acquitted the Defendant, is erroneous in matters of mistake
2. Determination
A. The summary of the facts charged is that the Defendant, at Jeju, subcontracted to G in KRW 34,636,00 for the construction work for the string of C, and for the construction work for the production plant remodeling of the F cremation Site E located in E (hereinafter the above two works referred to as “each of the instant works”) at the time of Seopopopoposi.
Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediate preceding contractor shall be jointly and severally liable with the subcontractor.
Nevertheless, the Defendant did not pay KRW 14,436,00 for the progress payment under a contract for the subcontract on October 24, 2013, without justifiable grounds, and did not pay KRW 400,000 for the subcontract payment as of September 24, 2013, as well as KRW 7,970,000, which was employed by G, to three persons including H, including KRW 400,00 in September 2013.
B. On the judgment of the court below, in light of the fact that the defendant paid remuneration, material cost, etc. calculated on a daily basis to G without a separate contract, it is difficult to see that the defendant entered into a contract with G, and even if the defendant is a contractor for each of the instant construction works and is deemed a contractor, interpreting the contractor as a contractor for each of the instant construction works, is not allowed since it is an extended interpretation or analogical interpretation contrary to the principle of no punishment without the law, beyond the possible meaning of the concept, and it is not allowed to further protect the workers.