All of the prosecutions of this case are dismissed.

1. The Defendant is the actual manager of E Co., Ltd. in Kim Jong-si, who runs a construction business using five above workers.

Where a project is implemented based on several tiers of contracts and a subcontractor fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper contractor shall be jointly and severally liable with the relevant sewage supplier, and where the cause attributable to the immediate upper contractor arises due to the cause attributable to the relevant upper contractor, the immediate upper contractor shall be jointly and severally liable for the delivery of the upper supply and demand.

Nevertheless, the Defendant did not pay the base amount to be paid to H under the contract for Kimpo-si F new construction and new construction works without justifiable grounds, and H did not pay the said amount to re-contractor I, and the Defendant did not pay the said amount within 14 days after the cause for payment occurred, as stated in the attached money and valuables payment statement, including the amount of KRW 3,570,00 on March 3, 2015 by workers J as well as the amount of KRW 39,440,000 on the total wages of 17 workers, as stated in the attached money and valuables payment statement.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 44(b) of the Labor Standards Act; Article 109(2) of the Labor Standards Act; Article 109(2) of the Labor Standards Act;

All workers entered in the details of the attached money and valuables in arrears after the prosecution indicate their intention not to punish.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.