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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a C (main representative) representative director in Seocho-gu Seoul Metropolitan Government, who is engaged in construction business, such as painting construction business with 15 regular workers, and who is an online contractor who is not licensed for construction business while executing a painting construction work under a subcontract from the council of occupants' representatives of the Gyeonggi-si D apartment council, and is a subcontractor who subcontracted the portion of painting construction work with 39,600,000 won.
Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall be liable to pay wages to his/her workers jointly
The above E did not pay the F’s wage of KRW 1,510,000,00, working for painting as from November 19, 201 to December 2, 2011, and the wage of KRW 1,510,000,00 for G working for the same period of painting, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties concerned on the extension of the due date for payment.
Accordingly, the defendant, who is a direct contractor, did not pay wages to two workers jointly and severally with the above E.
2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.
However, according to the trial records, it is recognized that all of the above workers after the prosecution of this case had declared their intention not to punish the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.