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(영문) 제주지방법원 2018.10.26 2018가단56161

임금

Text

1. From April 15, 2018, the Defendant’s each of the money stated in the claim amount by Plaintiff and each of the said money to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On November 26, 2017, AI accepted a subcontract for reinforced concrete construction works from AJ on a Jeju-si Newly built project, and the Defendant, a constructor under the Framework Act on the Construction Industry, succeeded to the status of subcontracting from AJ.

B. From March 1, 2018 to March 31, 2018, the Plaintiffs were employed by AI, other than constructors under the Framework Act on the Construction Industry, and work at the said new multi-household construction site. However, AI did not pay each of the Plaintiffs’ wages, such as the claimed amount by Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. According to the above facts of determination, pursuant to Article 44-2 of the Labor Standards Act, the Defendant, a constructor under the Framework Act on the Construction Industry, is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated under the Labor Standards Act from April 15, 2018 to the date of full payment with respect to each of the Plaintiffs’ wages and each of the above wages, such as the claim amount written by the Plaintiff, which the AI did not pay to the Plaintiffs, a subcontractor, who is not a constructor under the Framework Act on the Construction Industry.

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition by the assent of all.