All of the prosecutions of this case are dismissed.

1. The summary of the facts charged in this case is a direct contractor who is the representative director of Yeongdeungpo-gu Seoul Metropolitan Government building B and C with the fourth floor and ordinarily employs 7 to 7-8 full-time workers and subcontracts to E without a construction business license.

Where a construction business has been carried out two or more times of a contract referred to in Article 2 subparagraph 11 of the Framework Act on the Construction Industry, if a sewage constructor who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers, the immediately upper-tier contractor shall be jointly and severally liable to pay wages to his/her workers employed by a sewage constructor.

The Defendant: (a) while serving in the construction site at the above construction site from March 7, 2017 to April 13, 2017; (b) while serving in the period from March 7, 2017 to April 13, 2017, the Defendant was jointly and severally liable to pay the total of KRW 1,530,000 of the wages of H while serving in the period from March 7, 2017 to April 13, 2017; (c) while serving in the period from March 7, 2017 to April 7, 2017, the Defendant was not jointly and severally liable to pay the total of KRW 1,40,000 from April 4, 2017 to the period from March 10 to 13, 2017; and (d) he did not pay the amount of KRW 1,540,000 to the retirement worker within 30,017.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 44-2(1) of the Labor Standards Act;

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

C. Judgment dismissing a public prosecution: On June 26, 2018, after the institution of the instant public prosecution, the written agreement whereby the victim FF, G, H, and I expressed his/her intent not to have the Defendant punished, and on July 3, 2018, the victim JJ submitted each written agreement on July 3, 2018.