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All of the public prosecutions against the Defendants are dismissed.
Reasons
1. Defendant A was awarded a subcontract for interior works in the name of the said company from E to F hotel in the name of the said company with a person who operates D without registration of construction business in Suwon-si, Suwon-si, and Defendant B awarded a subcontract for interior works among the above F hotel new works in the name of the said company with a person who operates E in Suwon-si G, Suwon-si, Suwon-si, and the said person awarded a subcontract for internal works among the above F hotel new works in the name of H corporation and subcontracted them to D who is not a construction company
1. When a worker retires, the employer of the defendant A shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
From March 7, 2019 to April 13, 2019, the Defendant, while working as a stock company D, did not pay the total of KRW 303,742,770,000 to the retired employee I within 14 days from the date of his/her retirement without agreement on the extension of the due date for the payment of KRW 5,200,000 for the amount of wages of March 3, 2019 and April 2, 2019 for the amount of KRW 5,60,000 within 14 days from the date of his/her retirement as shown in the attached list of crimes.
2. Where a business has been subcontracted under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry on two or more occasions in Defendant B construction and a subcontractor who is not a construction business operator under subparagraph 7 of Article 2 of the same Act fails to pay wages to workers employed by the subcontractor, the immediately preceding contractor shall pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;
The Defendant did not pay wages as a immediately preceeding contractor unless D, as a immediately preceeding contractor, paid 303,742,770 won in total, 69 workers, as stated in paragraph (1).
2. The facts charged in this case are subject to Articles 109(1), 36, and 44-2(1) of the Labor Standards Act.