All prosecutions against the Defendants are dismissed.

The summary of the facts charged is that Defendant B, as the representative of D Co., Ltd., located in Seosan City, performed the work of installing the F pipeline through a contract for the work of installing the pipelines located in Asan City, and Defendant A is an employer who re-subcontracted the above pipeline temperature work.

1. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for the payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the above construction site from October 31, 2018 to November 22, 2018, did not pay 8,84,000 won in total for two retired workers within 14 days from the date of each retirement, as stated in the attached Table No. 1, No. 5, as stated in the attached Table No. 1, No. 5, as well as the attached Table No. 1, No. 1,84,000, for employees who worked for daily employment from October 31, 2018 to November 2, 2018.

2. Where a business is contracted on two or more occasions in Defendant B construction and a subcontractor who is not the constructor fails to pay wages to his workers, the immediate upper tier contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;

The Defendant, a subcontractor, who is not a constructor, is obviously a clerical error of “B” in the attached List of Crimes List of Attached Crimes.

Even though it was not paid a total of KRW 9,464,00 for three retired workers as stated in 1,5,11 per annum, it was not paid to the said workers.

Judgment

In conclusion, the facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Employees (G, H, and I) listed in attached Table No. 1, 5, and 11 stating that the Defendants do not want to be punished.