Where a construction business is conducted on two or more occasions, a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the construction works concerned) to his/her workers, if the subcontractor fails to pay wages (limited to wages generated from the construction works concerned) to his/her workers, the immediately preceding contractor shall be jointly and severally liable to pay wages to the workers employed by

Nevertheless, the Defendant did not pay KRW 15,00,00 in total amount of wages, including KRW 1,90,000 in November 4, 2016, and KRW 2,055,00 in total amount of wages of KRW 1,90,00 in December 2016 and KRW 1,05,000 in the attached list of crimes committed by F, as in the attached list of crimes, to five workers employed by F in the above construction site, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date of payment.

2. Determination

A. The term “person in charge of business management” under Article 2(1)2 of the Labor Standards Act refers to a person who is responsible for the general business management and represents or represents an external business with a comprehensive delegation from an employer for all or part of the business management.

(see, e.g., Supreme Court Decisions 2005Do8364, May 11, 2006; 2007Do1199, Apr. 10, 2008). According to the evidence duly adopted and examined by this court, D’s shareholders appoint the defendant as the chairperson of an emergency measure on August 29, 2016.