2. The Defendant shall pay to the Plaintiff KRW 3 million and to the Plaintiff the full payment from January 17, 2018.

A. The defendant is a construction business operator with the aim of construction business, etc. registered under the Framework Act on the Construction Industry, etc.

B. On July 4, 2017, the Defendant subcontracted a total of KRW 268,200,000 of reinforced concrete construction work among the Busan Dong-gu E and F main complex construction work (hereinafter “instant construction work”) that was contracted by C, which was not registered as a construction business under the Act on the Framework Act on the Construction Industry, etc., to C.

C. The Plaintiff, as employed by C, worked at the instant construction site from December 1, 2017 to January 2, 2018, and the Plaintiff’s wages that the Plaintiff did not receive from C during the said period are KRW 3 million.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. According to Article 44-2(1) of the Labor Standards Act (amended by Act No. 16415, Apr. 30, 2019; hereinafter the same) of the same Act, where a construction business enters into a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry on two or more occasions, if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to workers employed by the subcontractor, the immediately upper-tier subcontractor is jointly and severally liable to pay wages to workers employed by the subcontractor.

According to the Framework Act on the Construction Industry, the term "contractor" means a person who conducts construction business after making registration, etc. under the Framework Act on the Construction Industry or other Acts (Article 2 subparagraph 7), and the term "contract" means a contract under which, regardless of titles, such as a prime contract, subcontract, entrustment, etc., one contracting party agrees to complete construction works and the other contracting party agrees to pay compensation for the result of the works (Article 2 subparagraph 11), and a person who intends to conduct construction business shall register with the Minister of Land