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Each public prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a personal constructor who employs 13 full-time workers and executes installation works of landscaping facilities at the “D Construction site” located in the Nam-gu Incheon Metropolitan City, Seo-gu, Incheon. Defendant A is a person who operates the F Co., Ltd. in Seo-gu, Seo-gu, Incheon, and is a quasi-contractor who is awarded a contract for installation of landscaping facilities from the Korea Landscaping Development Co., Ltd.
Defendant
B The Defendant did not pay KRW 32,425,00 for the total amount of wages of 13 workers, as stated in the attached list of crimes, as well as KRW 3,375,00 of G’s wages, who worked from July 3, 2013 to October 2, 2013 at the above construction site, within 14 days from the date of occurrence of the cause for payment, without agreement between the respective parties on extension of the due date for payment.
(b) Where a business has been subcontracted two or more occasions in Defendant A construction business and a subcontractor who is not a constructor registered pursuant to the Framework Act on the Construction Industry, etc. fails to pay wages to his/her employees, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor;
Nevertheless, the Defendant did not pay KRW 32,425,00 as wages of KRW 13 workers employed by the subcontractor B who is not a registered constructor, as referred to in the above paragraph (a), at the construction site of the above landscaping facility that provided a sub-subcontract to B after being awarded a contract by the Korea Min Il Development Corporation.
2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act in the case of Defendant B, and an offense falling under Articles 109(1) and 44-2(1) of the Labor Standards Act in the case of Defendant A, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. The written delegation of agreement, details of deposits, and copies of each identification card submitted on October 17, 2014, and copies of the written delegation of agreement, details of deposits, and each identification card submitted on October 22, 2014, and October 23, 2014.