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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged [criminal record] Defendant A was sentenced on September 3, 2013 to imprisonment with prison labor for two months and a fine of four million won on January 24, 2014 at the Jung-gu District Court, which became final and conclusive on January 24, 2014, and is currently under suspension of execution.
[Fact-finding] Defendant A is an employer who engages in pipeline installation business by receiving a subcontract for the installation of heating pipes from 30 full time workers at the site of the individual heating conditioning construction work for Mapopo-si Co., Ltd., and Defendant B is the representative director of the above company D, who is awarded a contract for the individual heating conversion work to Defendant A, thereby giving a subcontract to Defendant A.
1. When a worker dies or retires, the employer of the defendant A shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant, while working in the said workplace from June 1, 2014 to August 11, 2014, did not pay the total of KRW 69,639,500 for 24 workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, including the sum of KRW 2,880,000 for June 1, 2014, and KRW 2,880,000 for the wage of July 2014, and KRW 1,140,000 for the wage of August 20, 2014; and did not pay KRW 69,639,50 for 24 workers within 14 days from the date of retirement without agreement on extension of the due date.
2. Where a business has been contracted for construction works two or more times in Defendant B, and a subcontractor who is not a constructor fails to pay wages to his workers, an immediate upper tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;
The Defendant awarded a subcontract for the installation of the above heating pipes to A who is not a constructor, as described in the preceding paragraph, and the Defendant also awarded a total of KRW 69,639,500 to 24 workers, such as E.