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1. The Defendants jointly and severally against Plaintiff A, KRW 4,890,00, KRW 1,300,000 for Plaintiff K, and KRW 220,00 for Plaintiff M, and Plaintiff.
Reasons
1. Basic facts
A. The Plaintiffs are the daily workers, and Defendant AT is the individual business operator who operates concrete and steel reinforced construction business, and Defendant AU Co., Ltd. (hereinafter “Defendant Company”) is a corporation that is contracted for construction business, etc., and is a corporation that is contracted for construction business in Busan-gun AV major complex construction business.
B. Defendant Company subcontracted part of the above construction work to Defendant AT, and thereafter, the Plaintiffs were placed in the construction site from January 2, 2018 to September 2018 and completed work, but the Plaintiffs did not receive wages from Defendant AT. The details of the Plaintiffs’ overdue wages are as follows.
A B CD E FH H Ha K K N P P Pu Y T V WAB AC AE AE AE AF AP AP AS / [based] without dispute, the entry of Gap evidence 1, Eul evidence 1, Eul evidence 1, and the purport of the entire pleadings.
2. Determination as to the claim against Defendant AT
A. According to the facts of the recognition of the claim as above, Defendant AT is obligated to pay the Plaintiffs the unpaid wages and damages for delay.
B. Article 208(3)3 of the Civil Procedure Act (by public notice) of the applicable provisions of Acts;
A. According to the above facts of recognition as to the cause of the claim, the defendant company is jointly and severally liable with the defendant AT to pay the unpaid wages and damages for delay thereof to the plaintiffs pursuant to Article 44-2(1) of the Labor Standards Act as an immediate upper-tier contractor.
B. The defendant company's assertion argues that since the defendant company paid all the plaintiffs' unpaid wages or subcontract payments to the defendant AT, it cannot accept the plaintiffs' claims.
Unlike Article 44 of the Labor Standards Act, which requires that the subcontractor shall not pay wages to workers due to the causes attributable to the immediate upper-tier contractor, shall be jointly and severally liable to pay wages to workers of the subcontractor with the subcontractor.