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(영문) 부산지방법원 2019.01.16 2017나7801
임금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. In full view of the evidence Nos. 1 through 3, Eul’s evidence Nos. 1, 6, Eul’s evidence Nos. 7, 9, and 16 of this Court, the Ulsan District Office of the Busan District Court, the Ulsan District Police Station, and the Ulsan District Prosecutors’ Office, and the overall purport of oral arguments, Defendant E Co., Ltd. (hereinafter “Defendant E”) subcontracted the construction of “F Delivery Maintenance Work” among the above construction work to Defendant C, who is not the constructor specified in the Framework Act on the Construction Industry, after being awarded a contract with Defendant C for the said work, with the above construction work, and that the Plaintiffs did not receive a summary order of KRW 250,000 from July 9, 2016 to July 22, 2016, and were sentenced to a fine of KRW 201,000,000,000,000 from the above construction work, and did not receive the wages of KRW 301,000,00 from the above construction work site.

(b) Where a construction business is carried out two or more times and a subcontractor fails to pay wages to workers employed by the subcontractor who is not the constructor, the immediate preceding contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor;

(Article 44-2(1) of the Labor Standards Act. In light of the above legal principles, the defendant is found to be the health team.

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