The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative director of Busan Jin-gu, a person who runs a construction business using 20 full-time workers as a representative director of C (ju) in Busan Jin-gu, Busan, is a direct contractor who has a license for a specialized construction business that gives a subcontract for 1,375,000,000 won to D without a construction license while performing construction business with a contract for installation of 1,375,00,000 won from Sung-dong Shipbuilding (ju) and awarded a contract for installation of 1,375,000 won.

Where a construction business has been executed two or more times under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the same Act fails to pay wages (limited to the wages generated from the relevant construction works) to his/her workers, the immediately upper-tier supplier shall be jointly and severally liable with a sewage supplier for the payment of wages to the workers employed by a sewage supplier.

Nevertheless, the Defendant did not pay the total of KRW 37,350,000 for the total of 10 employees employed by D as shown in the attached Form, as well as KRW 4,200,000 for May 2016, 2016, and KRW 800,000 for workers E, employed by D, as shown in the attached Form, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the payment date.

2. Determination

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

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act (abstinence that all victimized workers wish not to punish the accused after the institution of the public prosecution in this case)