1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

The Defendant asserted that the Plaintiff asserted that part of his contracted construction work was subcontracted to B, and the Plaintiff was employed by the Plaintiff and performed a funeral work during the construction work from February 25, 2016 to April 22, 2016.

However, the plaintiff was not paid 5,830,000 won from B, and the defendant, the immediate upper tier contractor, is jointly and severally liable with B pursuant to Article 44-2(1) of the Labor Standards Act to pay the above wages of 5,830,000 won and damages for delay.

There is no evidence to acknowledge that the Plaintiff actually performed the foregoing unclaimed construction, etc.

(B) The Corporation (U.S.) is not liable to the Defendant for the payment of the construction costs directly to B by the Corporation (C).

Judgment

Article 44-2(1) of the Labor Standards Act provides that “Where a construction business has been contracted on two or more occasions under Article 2(11) of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under Article 2(7) of the same Act fails to pay wages to his/her employees, the immediately preceding contractor shall be jointly and severally liable for the wages of workers employed by the subcontractor with the subcontractor.” Meanwhile, Article 44-2(2) of the Labor Standards Act provides that “Where a immediately preceding contractor under paragraph (1) is not a constructor under Article 2(7) of the Framework Act on the Construction Industry, a constructor under the same subparagraph from among the upper contractor shall be deemed

On the other hand, Article 2 subparagraph 7 of the Framework Act on the Construction Industry provides that "a constructor" means a person who conducts a construction business upon registration, etc. under this Act or other Acts."

(hereinafter referred to as "registered constructor" under Article 2 subparagraph 7 of the Framework Act on the Construction Industry). In this regard, the Defendant’s subcontracting part of the contracted construction work to B is between the parties.