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(영문) 서울중앙지방법원 2018.01.09 2017가단33085
임금
Text

1. The defendant,

A. From July 25, 2016, the Plaintiff (Appointed)’s KRW 13,400,000 and its related thereto:

(b) the selector;

Reasons

1. Facts of recognition;

A. On September 23, 2015, the Defendant, as a constructor under the Framework Act on the Construction Industry, was awarded a contract for the new construction of H’s detached houses and the new construction of detached houses and neighborhood living facilities on the ground outside of I Seopo-si, Seopo-si, and subcontracted each of the above construction works to J, not the constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry.

B. The Plaintiff (Appointed) and the appointed parties were employed by J during the period of service as indicated below, and provided labor at the construction site. They did not receive wages as indicated below in the wages in arrears column from J.

The Plaintiff (Appointed Party) was selected from December 22, 2015 to July 10, 2016, B from December 22, 2015 to December 22, 2015, to KRW 5,100,000, to February 29, 2016, C from March 29, 2016 to May 31, 2016, KRW 690,000, KRW D 16: 60,000, KRW 106,00, KRW 20,000, KRW 16,000, KRW 20,000, KRW 16,00, KRW 16,00, KRW 20, KRW 20,000, KRW 5,000, KRW 5,000, KRW 20, KRW 16,05,205, KRW 205,205,215,205.

2. The party's assertion and judgment

A. Article 44-2(1) of the Labor Standards Act provides that “Where a construction business is conducted on two or more occasions and 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 to workers he/she employs, an immediate upper tier contractor shall be jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor.”

According to the above legal provisions and the facts of recognition, each of the construction works of this case has been conducted two or more times in construction business, and the defendant is a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, and the J is above.

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