부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of litigation shall be borne by the plaintiff.
1. The plaintiff's assertion
A. The Plaintiff paid 308 workers the total amount of unpaid wages for the last three months and retirement allowances for three years on behalf of the sea-going company (hereinafter “sea-going company”). Under the Act on the Guarantee of Workers’ Retirement Benefits, the Plaintiff may subrogate the said workers’ right to claim unpaid wages against the sea-going company to the extent of the aforementioned payment.
On the other hand, on November 13, 2013, the representative director and the employee representative of the naval company requested the Hyundai Heavy Industries Co., Ltd. (hereinafter referred to as the "Nuri Heavy Industries") to pay wages directly.
B. On December 3, 2013, Defendant Republic of Korea seized and collected the price for the flag work for the modern Heavy Industries of a seagoing company (hereinafter “instant flag price”) in order for the seagoing company to recover delinquent wage and salary income tax, etc. The Defendant National Health Insurance Corporation seized and collected the said cryp price to recover delinquent national pension tax, etc. on November 6, 2013; and on November 14, 2013, the Defendant National Health Insurance Corporation seized and collected the said cryp price.
C. However, since the above term price is the construction cost under the Framework Act on the Construction Industry, the part equivalent to the wages to be paid to workers is prohibited from seizure.
Therefore, the period of this case, which the Defendants seized and collected against the prohibition of seizure, should be returned to the Plaintiff who subrogated the above workers.
2. Determination
A. As long as the scope of the claim of wages, the seizure of which is prohibited under Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the same Act, is the sum of wages specified in the calculation sheet among the contract amount of construction works under the same Act, and the ordering person of the construction works (including the contractor, in case of a subcontract) clearly limits the calculated wages to the amount specified in the contract or subcontract document, the amount of wages and other parts of the construction cost shall not be separated from the contract amount or subcontract document.