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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged C is a person who runs a facility business in the trade name of D without being registered for a construction business under the Framework Act on the Construction Industry, and is an employer who enters into a subcontract with the said company for a part of the construction work in the military life of the G combat company in F during the period of strike contracted by the said company, with five full-time workers.
The Defendant, as the representative director of E Co., Ltd. in H in terms of harmony, is an employer who runs a comprehensive construction business using six full-time workers. The Defendant is a direct contractor who subcontracted the part of the installation work to the said C by being awarded a contract for the repair work of a military life room in the G combat.
Where a construction business has been subcontracted two or more occasions, if a sewage constructor who is not a constructor under the Framework Act on the Construction Industry fails to pay wages to his/her workers, a immediate upper contractor shall be liable to pay wages to his/her workers who have been employed by a sewage constructor jointly and severally with a sewage constructor.
The Defendant awarded a contract for the repair work of the barracks in the G combat Co., Ltd. on August 2014 and subcontracted it to C other than the constructor on around August 2014. From August 27, 2014 to December 31, 2014, C was jointly and severally liable for the payment of the employee’s wages, as stated in the list of crimes attached hereto, as well as the amount of KRW 11,500,000, total amount of four employees’ wages, as stated in the list of crimes attached hereto, was not paid within 14 days after the cause for the payment occurred without any agreement on the extension of the payment deadline between the parties.
Nevertheless, the defendant did not pay the total of KRW 11,50,000 to four workers within 14 days from the time when the cause for payment occurred, without the agreement between the parties on the extension of the payment date.
2. Applicable to the facts charged: Articles 109(1) and 44-2 of the Labor Standards Act: Article 109(1) of the Labor Standards Act and Article 109 of the Labor Standards Act.