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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant was a constructor registered for a construction business license pursuant to Article 9 of the Framework Act on the Construction Industry, and was awarded a contract for reinforced concrete construction works (hereinafter “instant construction works”) from the Diplomatic Construction Co., Ltd. to Goyang-si, and subcontracted part of the said construction works to B without registration on August 7, 2015.
B. The Plaintiff was employed by B, and worked at the instant construction site from September 3, 2015 to November 6, 2015, but was not paid KRW 5.20,000 among wages.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-4 of evidence Nos. 2 and the purport of the whole pleadings
2. The assertion and judgment
A. Article 44-2(1) of the Labor Standards Act on the ground of the claim provides that “If a subcontractor who is not a constructor under Article 2(7) of the Framework Act on the Construction Industry (a person who conducts construction business after registration, etc. under the Framework Act on the Construction Industry or other Act) fails to pay wages (limited to wages arising from the construction work in question) to workers he/she employs in construction business on two or more occasions, a immediately upper-tier contractor shall be jointly and severally liable for the payment of wages to workers employed by the subcontractor.”
According to the above facts, the construction contract was concluded at least twice with respect to the instant construction project, and the Plaintiff, who is an employee employed by the unregistered constructor B, was not paid wages incurred in the relevant construction project. As such, the Defendant is jointly and severally liable with the Plaintiff to pay the unpaid wages and damages for delay.
B. As to the judgment on the Defendant’s assertion, the Defendant only employed B as a tree, did not conclude a contract with B, and paid all the construction cost including the Plaintiff’s wage to B, thereby responding to the Plaintiff’s claim.