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(영문) 대구지방법원 2014.08.22 2013노4019
근로기준법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that Defendant A entered into a contract with B and paid progress payment to B, Defendant A does not have the obligation to pay wages to the workers. Defendant B entered into a contract with I and paid progress payment to I, and Defendant B did not have the obligation to pay wages to the workers.

B. The sentence imposed by the lower court on the Defendants (a fine of two million won) is too unreasonable.

2. Determination

A. Article 44-2(1) of the Labor Standards Act provides that when a construction business has made a contract under Article 2 subparag. 11 of the Framework Act on the Construction Industry two or more times in a construction business, if a subcontractor who is not a constructor under Article 2 subparag. 7 of the same Act fails to pay wages to workers employed by the subcontractor, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor for the payment of wages to workers employed by the subcontractor. The above provision constitutes a special provision which provides that the immediate upper tier contractor shall be jointly and severally liable for the payment of wages to workers if the delayed payment of wages to daily workers is caused due to illegal subcontracting. According to the records of this case, the defendant entered into a contract with B without a construction business license, since there is no construction business license, the employee of this case can be recognized that the defendant prepared a labor contract with H and a labor contract with the representative director, and according to the above acknowledged facts, the defendant constitutes a direct contractor under Article 44-2(1) of the Labor Standards Act, and the defendant's assertion as to the wages of this case is without merit.

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