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(영문) 광주지방법원 2014.08.12 2014가단26991

체불임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2012 and April 30, 2012, the Defendant subcontracted the construction of soil and subordinate structure works, underground tea and pipeline to Samyang Development Co., Ltd. (hereinafter “Songyang”) among the construction works of the vehicle base for Honam High-Speed Railroad, the Defendant subcontracted the construction of soil and subordinate structure works, underground tea and pipelines.

B. On October 26, 2012, the Plaintiff concluded a labor contract with a non-party company and served as a night guard at the construction site from October 26, 2012 to October 10, 2013.

C. On October 2, 2013, Nonparty Company requested the Defendant to pay the Plaintiff’s wages of KRW 1,231,940 directly to Nonparty Company. On October 23, 2013, the Defendant paid the Plaintiff KRW 1,231,940 to the Plaintiff.

The plaintiff did not receive 22,753,840 won in total, including allowances, from the non-party company until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is the direct superior contractor of the Nonparty Company, and upon the Plaintiff’s claim on October 16, 2013, the Defendant is obligated to pay the Plaintiff totaling KRW 22,753,840 to the Plaintiff and delay damages therefrom.

(Article 44-3(1)1 of the Labor Standards Act). 3. Determination

(a) In any of the following cases where a contract for construction work is made under Article 44-3 (Special Cases concerning Wages under Contract for Construction Work) of the Regulations related to the Labor Standards Act (1) In any of the following cases, an immediate upper tier contractor shall directly pay workers an amount equivalent to wages (limited to wages arising from the relevant construction work) which a subcontractor is to pay upon request by the workers employed by the subcontractor within the scope of the subcontractor’s obligation

1. The immediate upper contractor shall be entitled to pay wages directly to workers employed by the subcontractor on behalf of the subcontractor, and the method and procedure for the payment thereof;