The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Co., Ltd. C in Gwangju City, is a quasi-exclusive contractor who subcontracts to E who does not obtain a construction business license for the interior work among the D D construction sites in Kim Jong-si.

Where a construction business is carried out two or more times of a contract referred to in subparagraph 8 of Article 2 of the Framework Act on the Construction Industry, and where a sewage constructor who is not a constructor referred to in subparagraph 5 of Article 2 of the same Act fails to pay wages to his/her workers, a immediately preceding contractor shall pay wages to his/her workers jointly and severally with a sewage constructor.

E was employed from June 28, 2016 to July 13, 2016 by the said construction site and retired from the said construction site, and the Defendant did not pay each of the above wages within 14 days from the retirement date without any agreement between the parties on the extension of the payment date, even though the amount of wages of KRW 80,000,000 retired from the said construction site from June 28, 2016 to July 16, 2016 was not paid by G from June 28, 2016 to July 16, 2016.

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

On July 20, 2017, after the prosecution of this case was instituted, workers can recognize the fact that they expressed their wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.