1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 29, 2017, the Defendant contracted part of steel reinforced concrete construction work (hereinafter “instant construction work”) among the new multi-household D multi-household D construction work that was established for the purpose of building construction business, housing construction business, and sales business, etc. to E, and E further subcontracted the said construction work to C around that time.

B. On August 21, 2018, the Seoul Regional Employment and Labor Agency issued to the Plaintiff a business owner’s confirmation letter, stating that “C delayed payment of wages of KRW 7,600,000 from June 2017 to November 20, 2017, and a legitimate affiliated constructor is the Defendant.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4 (including those with a serial number; hereinafter the same shall apply), witness E in the trial, witness E in C, the purport of the whole pleadings and arguments

2. In light of the determination on the cause of the claim, Article 44-2(1) of the Labor Standards Act provides that where a construction business has been subcontracted two or more times, if a subcontractor who is not a construction business operator under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her employees, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor. Paragraph (2) of the same Article provides that, where the immediate upper tier contractor under paragraph (1) is not a construction business operator under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the immediate upper tier contractor shall be deemed the

According to the above provision, in case where C fails to pay wages to the Plaintiff, who is one of its employees, the immediate upper-tier contractor who is jointly and severally liable to pay the unpaid wages to C, in principle, shall be deemed to be E who subcontracted the instant construction work to C, but there is no evidence to recognize that E is a construction contractor under the Framework Act on the Construction Industry.