The prosecution of this case is dismissed.

The summary of the facts charged is the internal director of Mapo-gu Seoul Metropolitan Government building and D Co., Ltd., who was awarded a contract for reinforced concrete construction among the new construction works of F Complex Building from E Co., Ltd., and sub-subcontracted to G, a non-registered constructor.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

On the other hand, where a construction business has been subcontracted two or more occasions and a subcontractor who is not a constructor fails to pay wages to workers employed by him/her, the immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

Nevertheless, the defendant is employed by G who is not a constructor and works at the construction site of the F Complex Building.

Around September 5, 2018, H’s wages of 360,000 won on September 9, 2018, which were retired from office around September 5, 2018, and as indicated in the attached list of crimes, did not pay 102,160,000 won in total for 22 employees within 14 days from each retirement without an agreement on extension of the due date between the parties concerned.

Judgment

Each of the facts charged in this case is an offense falling under Articles 109(1) and 44-2(1) of the Labor Standards Act (joint and several liability for payment of wages in construction business) and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the records, it is recognized that the withdrawal of the complaint and the non-application for punishment submitted to the court on September 23, 2019, to the effect that the victim I, entrusted by the victims after April 26, 2019, does not want to be punished by the defendant on behalf of the victims.

Therefore, this is applicable.