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The indictment against the Defendants is dismissed.
Reasons
Public Prosecutor's Office
1. Defendant A is an individual building business operator who employs workers at a construction site and employs them.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned with an extension of the due date for payment.
Nevertheless, the Defendant did not pay the total amount of KRW 46,824,000 for eight workers, as indicated in the list of crimes, at the new site of multi-family housing located in Gyeongcheon-si, Gyeongcheon-si, and the amount of KRW 1,330,000 for workers D who worked from August 1, 2016 to November 3, 2016, as well as the amount of KRW 46,824,00 for eight workers’ wages, as indicated in the list of crimes.
2. Where a business has been subcontracted for construction work two or more times in Defendant B, if a constructor who is not a constructor fails to pay wages to his/her workers, a person directly responsible for the supply and demand of wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier;
The defendant operates a construction business with five full-time workers under the trade name of F Co., Ltd. in the Dong-gu Busan Metropolitan City E, and is a party directly contractor who subcontracts the part of the structural construction of the above new multi-family housing to the above A who is not the constructor.
Defendant 1 did not pay KRW 1,330,000 of the wages of August 2016 of 2016 to workers D employed by the Defendant, who are the Defendant’s sewage level, at the time and place of the above paragraph 1 above, as well as KRW 46,824,00 of the total wages of eight workers, as indicated in the crime list, within 14 days after retirement without any agreement between the parties on the extension of payment period.
Pursuant to Article 109(1), 36, and 44-2(1) of the Labor Standards Act, this is a crime falling under Article 109(2) of the Labor Standards Act.