임금
1. The Defendants jointly and severally against the Plaintiff A, KRW 4,800,000, KRW 3,000,000 to the Plaintiff B, and KRW 4,80,000 to the Plaintiff C, and the Plaintiff.
In fact, Defendant Korea Urban Development Corporation, a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry (hereinafter “Defendant Korea Urban Development”) has subcontracted the part of the wage construction of the said new construction (hereinafter “instant construction”) to Defendant J, who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry on January 9, 2017 while performing the new construction of the said housing complex.
The Plaintiffs are workers employed by Defendant J during the period from January 26, 2017 to April 26, 2017, who provided labor to the instant construction work, and were not paid wages as indicated in the attached Table of wages in arrears by Defendant J.
[Based on the facts that there is no dispute, Gap evidence No. 1, fact-finding with respect to the Gyeonggi Labor Agency of the Ministry of Middlebu District Employment and Labor, the result of fact-finding with respect to the Gyeonggi Labor Agency of the Highbu District of this Court, and the fact-finding with respect to the whole purport of the arguments, barring any special circumstances, defendant J is an employer who employs the plaintiffs and received labor for the instant construction work, and defendant Korean Urban Development is jointly and severally liable to pay each of the relevant overdue wages in accordance with Article 44-2 of the Labor Standards Act as a direct contractor of the defendant JJ.
Defendant Korean Urban Development asserts to the purport that the claim for overdue wages against oneself is unjustifiable, as the construction cost to be paid to Defendant J has been fully paid.
On the other hand, Article 44-2(1) of the Labor Standards Act imposes liability on a person whose construction business is not registered, with respect to the risks of delayed payment of wages arising from subcontracting, and is not limited to the scope of subcontracting that a direct contractor is to pay to his/her subcontractor (see, e.g., Constitutional Court Order 2013Hun-Ga12, Apr. 24, 2014).