All of the prosecutions of this case are dismissed.

Summary of Facts charged

A. Defendant A is a personal constructor residing in Ansan-si, Ma-gu and Da, and is an employer who engages in personal construction business from February 13, 2020 to April 28, 2020 by receiving five full-time workers' subcontracting from Defendant B, the main representative director of the F (F) without a construction business license at the site of a new construction project in Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul.

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.

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

Nevertheless, Defendant A did not pay the total of KRW 11,750,000 for the wages of April 20, 2020, the amount of KRW 4,750,000 for the work at the above construction site from February 13, 2020 to April 28, 2020, and H’s wages of KRW 3,50,000 for April 20, 2020, and KRW 11,750,000 for the wages of April 3, 2020, without any agreement between the parties on the extension of the payment date.

B. Defendant B, as the representative director of J F (ju) in the Gyeonggi-do Ethmb, was a direct contractor who subcontracted the part of the outside board construction cost of KRW 59,367,00 to Defendant A without a construction license while performing construction works under a contract with K (ju) at the above construction site.

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, Defendant B was at the construction site above and February 2020.