1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

1. Facts of recognition;

A. The Defendant awarded a contract from C for the project to improve the roof of a private house D in Chang-gun, Gyeongnam-gun (hereinafter “instant project”), and subcontracted the said project to E.

B. On March 15, 2016, E employed the Plaintiff at KRW 160,00 per day and performed the said construction work.

On the day on which the Plaintiff was on the roof at the construction site, the Plaintiff was killed while working on the roof and fell, and sustained the injury, such as the alley of the right-side frame.

C. The physician in charge of the F Hospital who treated the Plaintiff’s injury diagnosed that the Plaintiff requires approximately eight weeks of treatment.

The Plaintiff received treatment from March 15, 2016 to May 9, 2016 at the above hospital, and borne total of KRW 694,940.

E paid KRW 160,00 per day to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that, as he/she was employed by the Defendant on March 15, 2016 on the instant construction site and retired from post by suffering injury, the Defendant asserts that, pursuant to Articles 78 and 79 of the Labor Standards Act, the Defendant should pay to the Plaintiff KRW 5,280,00, totaling KRW 5,974,940, totaling KRW 5,974,940, which is calculated as “total daily wage” as “total daily wage,” and delay damages therefrom.

The defendant asserts that the construction of this case was merely subcontracted to E, and that the person who employed the plaintiff is E, and that the plaintiff's liability is entirely borne by E, and even if the defendant is responsible, the "average daily amount of wages" should be calculated as KRW 100,000.

B. Article 90(1) of the Labor Standards Act provides that “When a business is conducted based on several contracts, the original contractor shall be deemed an employer with regard to accident compensation.”

According to the above facts, the defendant is the original contractor of the construction of this case, even if he does not directly employ the plaintiff.