All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is that Defendant B, as the representative director of the KCAB Co., Ltd., was awarded a contract of KRW 573,210,000 in the construction site of the KCAB E E E, which was re-subcontracted for KRW 373,00,00 in the KCAF without a license for the construction business, and Defendant A, as the representative director of the KCAB, is an employer who was awarded a subcontract by the KCAB and used five full-time employees for the construction project.

(a) When a worker retires, the employer of the defendant A shall pay his/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of 30,530,000 of G wage of 12,250,000, H’s wage of 3,000,000, I’s wage of 7,680,000, J’s wage of 3,400,000, K’s wage of 4,200,000, and the total of 30,530,000 of K’s wage of 4,20,000, without agreement on the extension of the payment date between the parties.

B. In a case where Defendant B’s business was carried out two or more occasions, if a sewage supplier who is not a construction business operator fails to pay wages to his employees, the immediate upper demand and supply should be jointly and severally liable with the sewage supplier to pay the wages to his employees.

Nevertheless, the Defendant did not pay a total of 30,530,000 wages of five workers as stated in paragraph (1) by a person who is a sewage supplier who is not a constructor, and the Defendant did not pay wages to the above workers as an immediate upper contractor.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. After the prosecution of the instant case, the employee’s non-guilty letter of punishment was submitted.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;