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All of the prosecutions of this case are dismissed.
Reasons
Summary of the facts charged of this case
1. Defendant A is an individual entrepreneur who, without obtaining a construction business license under the trade name of “F”, received a subcontract from H (State) at the construction site of the Daegu-gu Gtel at the construction site of the new Gtel at the same time and is an employer.
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, the defendant at the construction site above and from February 2, 2016 to the same year.
3. Until October 30, 300 won, including the sum of the wages of 3,584,000 won of the retired workers I who were employed in daily work and retired from office, was not paid within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached list of crimes.
2. Defendant B, as the representative director of H in Yangsan-si J, the Defendant is a quasi-exclusive contractor who subcontracted the construction work of molding to the said A without obtaining a construction license under a construction business license under a contract for construction work of officetels from construction (ju) of the same subparagraph.
Where a business is subcontracted for two or more occasions in a construction business, if the subcontractor fails to pay wages to his/her workers, the immediate upper-tier supplier shall pay wages jointly and severally with the subcontractor.
Nevertheless, even though the defendant ordered the above Gap to subcontract the part of the molding construction work, the defendant did not pay the total of 49,366,000 won of the wages of 16 retirement workers within 14 days from the date of retirement without the agreement on the extension of the payment period between the parties.
Judgment
Article 109 (1) and (2) of the Labor Standards Act shall apply to Defendant A.