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All of the public prosecutions against the Defendants are dismissed.
Reasons
1. A factory laboratory;
A. Defendant A resided in Daejeon Dong-gu, Daejeon, and without any specific trade name, the Defendant is a personal constructor who performs construction works with 20 full-time employees by receiving labor cost and material cost from F in the construction site of Flag Co., Ltd. located in Asan City E, and receiving the entire construction contract.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total of KRW 123,950,000 of wages of 28 workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Table, as well as KRW 2,80,000 on November 1, 2013 of G, who worked for the said construction site from October 15, 2013 to November 30, 2013.
B. Defendant B, as the representative director of FF Co., Ltd., Ltd., in the E (E building 202 B113 & B), is a party directly subcontracted the entire construction work to the above A at the construction site of F Themeatian Co., Ltd., and directly subcontracted the entire construction work.
Where a project is carried out through several contracts for work, if a subcontractor fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper contractor shall be jointly and severally liable with the relevant sewage supplier.
Nevertheless, the defendant did not pay 123,950,00 won for 28 workers to the above A without justifiable grounds, and caused A to delay in payment of the total of 123,950,000 won for 28 workers as shown in the list of crimes in the attached Table.
2. Each of the facts charged against the Defendants in this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and is charged against the express will of the victimized workers under Article 109(2) of the Labor Standards Act.