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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant, as the E representative director of Seocho-gu Seoul Metropolitan Government Do Building 3, is a party directly subcontracted to H, who is the real representative of G, while performing the construction of the construction of the Suwon-si F building in Suwon-si.
Where a project is carried out through several tiers of contracts, if a sewage supplier fails to pay wages to workers due to a cause attributable to a direct supplier, the immediate upper-tier supplier shall be jointly and severally liable with the sewage supplier.
Nevertheless, the Defendant did not pay 35,00,000 won or more of the subcontract price under the contract without justifiable grounds, and the Defendant did not pay 19,380,000 won or more of the total wages of 7 workers employed by H as shown in the list of crimes in the attached Form.
2. Defendant’s assertion and judgment
A. The Defendant’s assertion (Defendant E) paid all the amount of the initial construction work to H Co., Ltd., Ltd., and H did not have paid wages to his workers due to the Defendant’s fault.
B. Determination 1) Article 44(1) of the Labor Standards Act provides that where a business is conducted through multiple contracts, if a subcontractor fails to pay wages to workers due to reasons attributable to a person directly responsible for receiving sewage, the immediately upper-tier contractor shall be jointly and severally liable for the sewage. Article 44(2) of the Labor Standards Act provides that the scope of reasons for his/her liability shall be determined by Presidential Decree. Article 24 of the Enforcement Decree of the Labor Standards Act provides that the scope of reasons for his/her liability shall be determined by Presidential Decree. Article 24 of the Enforcement Decree of the Labor Standards Act provides that (i) where the contract amount is not paid by the contract date without good cause; (ii) where the supply of raw materials stipulated in the contract for work is delayed or fails to supply them without good cause; (iii) where the contract term is not fulfilled without good cause.