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All of the public prosecutions against the Defendants are dismissed.
Reasons
1. The summary of the facts charged in the instant case is the personal building business operator residing in Seocheon-si, Seocheon-si, who is an employer who runs the construction business by employing 12 full-time workers at the site of new construction of the G principal association located in Yongpo-si, Kimpo-si, and the Defendant A is an employer who runs the construction business by employing 12 full-time workers at the location of new construction of the G principal association located in Yongpo-si.
Defendant
B shall work from November 20, 2010 to February 28, 2011 at the above construction site.
Withdrawn Workers J’ wage of KRW 2,350,00,000, as well as KRW 7,095,000, not paid within 14 days from the time when the grounds for the payment arose without agreement between the parties on extension of the due date;
B. Where a construction business is conducted twice or more and a subcontractor who is not a constructor fails to pay wages to his/her workers, Defendant A shall be jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor, even though the aforementioned construction site stipulates that Defendant A shall be jointly and severally liable to pay wages to workers employed by the subcontractor.
A retired employee J did not pay KRW 7,095,00 for four workers as stated in the detailed statement of the money and valuables in arrears, including KRW 2,350,000.
2. In light of the determination, the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.
However, according to the application of J, K, L, and M not subject to punishment received in this court, the above workers can be recognized as having withdrawn their wish to punish the Defendants after the prosecution of this case was instituted. Thus, the prosecution of this case against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.