Each public prosecution against the Defendants is dismissed.

1. Facts charged;

(a) When a worker dies or retires, the employer of the defendant A shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred;

The Defendant, while running a construction business with five full-time employees as personal constructors, did not pay KRW 4,250,000 (total of KRW 11,050,000 (total of KRW 11,050,000) for the same period of wages of workers E employed from June 24, 2016 to August 1, 2016 of workers D from June 24, 2016 to August 1, 2016, total of KRW 3,40,000 for the same period of wages of workers E employed for the same period of time, and KRW 1,00,000 (total of KRW 11,050,00) for the same period of wages of workers F employed for the same period of time without agreement of the parties to the extension of the payment date.

B. Where Defendant B’s construction business has contracted for construction as defined in Article 2 subparag. 11 of the Framework Act on the Construction Industry (hereinafter “construction contract”) on two or more occasions, if a sewage supplier who is not a constructor defined in Article 2 subparag. 7 of the Framework Act on the Construction Industry fails to pay wages to his/her employees, the immediately upper demand and supply worker must pay wages to his/her employees jointly and severally with a sewage supplier.

Defendant A, while executing the construction site mentioned in the above paragraph (a), did not pay wages to Defendant A, who did not have a construction license, to a direct contractor who subcontracted the construction work to Defendant A, and Defendant A did not pay wages to employees as described in the above paragraph (a) even though they were jointly and severally liable to pay wages to the said employees.

2. Determination

(a) Crimes of non-compliance with will: Articles 109(2), 109(1), 36, and 44-2(1) of the Labor Standards Act;

B. On October 19, 2018 and December 6, 2018, after the prosecution of the instant case, a written statement of no punishment was submitted to the effect that the said employee does not wish to punish the Defendants.

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;