A. The Plaintiffs are one-time workers, and H are individual business operators performing reinforced concrete construction works, and the Defendant is a corporation that has been awarded a contract for construction works on the ground of Busan East-gu I and J ground.

B. The Defendant subcontracted the part of the above construction work to H. The Plaintiffs provided labor to the said construction site from July 1, 2017 to January 1, 2018, but the Plaintiffs did not receive wages from H. The overdue wages of Plaintiff A were 2,400,000 won, Plaintiff B’s overdue wages were 4,00,000 won, Plaintiff C’s overdue wages were 3,60,000,000 won, Plaintiff D’s overdue wages were 4,00,000,000 won, and 5,00,000,000 won, and Plaintiff F’s overdue wages were 3,00,000,000 won.

C. On October 23, 2019, the Defendant’s representative director K was sentenced to a fine of KRW 1 million on the violation of the Labor Standards Act (2019DaDa345) that “K delayed payment of wages to the Plaintiffs as an immediate superior contractor who subcontracted to H,” and the said judgment became final and conclusive on October 31, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, entry of Eul 1 and 2 evidence, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is a direct contractor and is jointly and severally liable with the defendant H in accordance with Article 44-2(1) of the Labor Standards Act to pay the unpaid wages and damages for delay thereof to the plaintiffs.

B. The Defendant asserts that the construction was delayed due to the defect or defect in the construction of the Plaintiffs, and that there was no cause attributable to the Defendant as the construction price was fully paid to H.

Unlike Article 44 of the Labor Standards Act, which requires that the subcontractor shall not pay wages to workers due to reasons attributable to the immediate upper tier contractor, shall be jointly and severally liable to pay wages to workers of the subcontractor with the subcontractor.