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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the actual representative of the Daejeon Seo-gu and 1613 C Co., Ltd., who runs a construction business in the Gwangju Seo-gu.
Where a construction business has been carried out two or more times of a contract referred to in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, and a sewage supplier who is not a constructor has failed to pay wages to his/her workers, the immediate upper-tier supplier shall be jointly and severally liable with a sewage supplier for the wages of the workers employed by a sewage supplier.
Nevertheless, as the Defendant did not pay the above amount of KRW 2,100,000 in the wage balance of the above D at the above construction site, the Defendant did not pay the wages jointly and severally with E.
2. Article 109(1) and Article 44-2 of the Labor Standards Act applicable to the facts charged of judgment: A judgment dismissing a victim’s non-prosecution of intent on March 18, 2016, which was after the institution of public prosecution under Article 109(2) of the Labor Standards Act (Article 327 subparag. 6 of the Criminal Procedure Act)