Each public prosecution against the Defendants is dismissed.

1. Defendant B is an employer who uses 10 full-time workers and engages in a construction business in the Seoul Jung-gu G. Defendant A is a (ju) representative director established for the purpose of construction business, etc. in the Ansan-si, and on June 7, 2012, Defendant B is a direct contractor who subcontracts to Defendant B the amount of construction cost of KRW 90 million.

Defendant

B When a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant is working as a field of new urban residential housing construction work from June 7, 2012 to September 15, 2012.

In addition to the failure to pay K's wages of KRW 2,50,000 to retired workers, the total amount of six workers' wages was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

B. Where Defendant A’s construction business contract has been made two or more occasions and a subcontractor who is not a constructor under the Framework Act on the Construction Industry fails to pay wages (limited to wages arising from the relevant construction work) to his/her employees, the immediate upper tier contractor is jointly and severally liable with the subcontractor to pay wages to his/her employees, even if the subcontractor is jointly and severally liable to pay wages to his/her employees, the Defendant did not pay wages to his/her employees.

2. The facts charged against Defendant A are crimes falling under Articles 109(1) and 44-2(1) of the Labor Standards Act. The facts charged against Defendant B are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.