The prosecution of this case is dismissed.

1. The summary of the facts charged is that Defendant B is an individual constructor who has subcontracted the steel field work from Defendant A in the field of new construction work of apartment houses located in the Geum-gu Busan Metropolitan City in order to ordinarily work 130 million won and employed 38 workers at a time without a construction business license, and Defendant A is an employer. Defendant A is the representative director of E Co., Ltd. in which the window D of Changwon-si in Changwon-si is 301,000,000 won for the said new construction work of apartment house and without a construction business license, and is an independent contractor who has not obtained a construction business license, and works for the said new construction work with a subcontract amounting to KRW 130,000,000.

1. Defendant B did not pay 14 days after the date of retirement without agreement between the parties to the extension of the due date, as well as 9.3 million won of FF’s wages in September 2012, 2012, which worked as steel reinforcing during the said construction site from September 2, 2012 to November 3, 2012, as well as 380,000 won of wages in the attached Table, as stated in the detailed statement of individual wages in arrears.

2. Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the relevant construction works) to workers he/she employs, the immediate upper contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor;

Nevertheless, Defendant A was awarded a subcontract for the steel works to Defendant B, an individual constructor without a construction business license, and Defendant B did not pay the total of 38 workers employed by Defendant B at the construction site to KRW 2,0460,000 from the date of his retirement, respectively.

2. Grounds for dismissing public prosecution under Article 327 subparagraph 6 of the Criminal Procedure Act.