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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Quotation of the first instance judgment
A. The grounds for appeal by the plaintiffs are not significantly different from the allegations in the first instance court, except for adding the following arguments to this court, and even if the evidence submitted in the first instance court is presented to this court, it is difficult to view the defendant as an employer who directed and supervised the plaintiffs, and it is difficult to recognize the fact that the defendant agreed to pay labor costs directly with the plaintiffs, and it is not reasonable to recognize the fact-finding and judgment by the first instance court.
B. Therefore, the reasoning of this court’s judgment is based on the reasoning of the judgment of the first instance as “C” of the third party 20th of the judgment of the first instance, and except for adding the following judgments as to the allegations added by the Plaintiffs in this court, the reasoning of the judgment of the first instance is as stated in the reasoning of the judgment, and thus, it is acceptable in accordance with the main sentence of Article
2. Additional determination
A. The gist of the plaintiffs' assertion 1) Article 44-3 of the Labor Standards Act provides that, in cases where an agreement is reached between the immediately upper contractor and the subcontractor, the immediately upper contractor should pay wages directly to workers upon request by the subcontractor. The defendant agreed with I on the direct payment of labor costs. 2) Even if the plaintiffs' direct claim against the defendant is not acknowledged, the plaintiffs have the wage claim against I, and is in the position of exercising the I's claim against the defendant on behalf of I.
3) Therefore, the defendant is obligated to pay the labor cost stated in the purport of the claim to the plaintiffs. B. 1) Whether to recognize a direct claim under Article 44-3 of the Labor Standards Act is a construction contract, and Article 44-3(1)1 of the Labor Standards Act is a "construction contract" and the immediate upper contractor may directly pay wages to workers employed by the subcontractor on behalf of the subcontractor, and the method and procedure for the payment thereof.