logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.09.20 2018나7550
임금
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The plaintiff's assertion

A. A. Around June 22, 2016, the Defendant awarded a contract for Dental Construction Co., Ltd. (hereinafter “PHD”) to the Cheongju-si Construction Co., Ltd., and C was subcontracted the said construction.

The Plaintiff operating a job placement office has supplied human resources to the above Corporation at the request of C from October 12, 2016 to December 25, 2016, and the unpaid amount out of the total value of KRW 37,827,00 is KRW 8,185,00.

B. Since the Defendant agreed to pay the above money, it is obligated to pay the said money to the Plaintiff.

C. Where a subcontractor (subcontractor) fails to pay wages to workers due to a cause attributable to an immediate upper tier contractor where a business is conducted based on several contracts, the defendant shall be jointly and severally liable with the subcontractor.

Provided, That where any cause attributable to an immediate upper tier contractor occurs due to the upper tier contractor's cause, the upper tier contractor shall also be jointly and severally liable.

(2) The causes attributable to paragraph (1) shall be prescribed by Presidential Decree.

(1) If a subcontractor who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction work") fails to pay wages (limited to wages arising from the relevant construction work) to workers he/she employs in construction work under Article 2-2 of the Labor Standards Act (hereinafter referred to as "contract for construction work") two or more times in a construction business, the immediate upper tier contractor shall be jointly and severally liable to pay the wages of workers employed by the subcontractor and subcontractor.

(2) Where an immediate upper-tier contractor under paragraph (1) is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the contractor under the same subparagraph at the lowest among the upper-tier contractors.

arrow