2017Na6946 Wages

A

American Construction Co., Ltd.

Supreme Court Decision 2016Gaso71618 Decided October 19, 2017

December 20, 2017

February 21, 2018

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The defendant shall pay to the plaintiff 2,400,000 won with 20% interest per annum from April 3, 2016 to the day of complete payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Facts of recognition;

A. The Defendant awarded a contract for the construction of a public relations center of the regional housing association B, and subcontracted the parts of the interior tree construction work to C, which is an unregistered constructor, on March 1, 2016.

B. From March 2, 2016 to March 19, 2016, the Plaintiff provided labor on the construction site, which was not paid wages from C, and the unpaid wages are KRW 2,400,000.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 (including additional numbers), Eul 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim

Article 44-2(1) of the Labor Standards Act provides that "Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under Article 2 (11) of the Framework Act on the Construction Industry fails to pay wages to workers he/she employs, an immediate upper-tier contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor."

According to the facts established earlier, C was awarded a contract with the Defendant for the part of the internal wood construction work, and was provided with labor from March 2, 2016 to March 19, 2016, and thus, C did not pay the Plaintiff wages, barring special circumstances, the Defendant, as a direct contractor, jointly and severally with C, to the Plaintiff as a wages of KRW 2,40,000 and the Plaintiff as a result of the occurrence of the wage payment cause.

Pursuant to this, the interest rate of 20% per annum as provided by the Labor Standards Act shall be paid until April 3, 2016, after the expiration of 14 days from the date on which the final labor is provided.

B. Judgment on the defendant's assertion

In regard to this, the defendant asserts that D et al. entered into a subcontract with C by stealing the corporate sense of the defendant, so that the defendant does not have any obligation to pay wages as an immediate contractor. However, it is insufficient to recognize that the subcontract document prepared between the defendant and C was forged, and there is no other evidence to acknowledge it. Accordingly, the defendant's above assertion is not accepted.

3. Conclusion

If so, the plaintiff's claim should be accepted for the reasons, and the judgment of the court of first instance is just for the conclusion of the decision, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges of the presiding judge;

Judges promotion and exchange

Judges Park Jong-young