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(영문) 인천지방법원부천지원 2020.04.28 2019가단29336
임금
Text

1. The Defendants are jointly and severally liable to the Plaintiff (designated parties) and the designated parties in the table of claim amount for each of the annexed designated parties.

Reasons

1. Facts of recognition;

A. On July 5, 2017, E Co., Ltd. (hereinafter “Defendant C”) subcontracted the H district reinforced concrete construction work (public housing and officetels; hereinafter “instant construction work”) to the Defendant C Co., Ltd. (hereinafter “Defendant C”) during the said construction work.

After that, Defendant C entered into a sub-subcontract with Defendant B, which stipulates that the instant construction shall be sub-subcontracted to Defendant B, and that the construction cost shall be paid in accordance with the volume of the execution subscription (hereinafter “sub-subcontract”).

B. The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs, etc.”) were workers who concluded each labor contract with Defendant B, and provided labor for the relevant period indicated in the “period of work” in the “period of work” list for each of the designated parties in the separate sheet of claim amount by the designated parties.

C. Defendant B engaged in construction business without registration under the Framework Act on the Construction Industry, etc., and did not pay the Plaintiff, etc., who is the employee of Defendant B, the Plaintiff, etc., to whom the Plaintiff used the instant construction work, each of the corresponding amounts indicated in the “Unpaid wage” column in the claim amount sheet by the designated parties, which occurred in the course of performing the instant construction work (hereinafter “each of the

[Reasons for Recognition] Facts without dispute, Gap 1 to 15 evidence, Eul 1, 2 and 3 evidence (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Relevant statutes and legal principles 1) Article 44-2 of the Labor Standards Act (Joint and Several Liability for Payment of Wages in Construction Business) (1) In a construction business, a contract under Article 2 subparag. 11 of the Framework Act on the Construction Industry is made on two or more occasions for a construction business.

(ii) wages (only those incurred in the construction work in question) are paid to workers employed by a subcontractor who is not a construction project operator under subparagraph 7 of Article 2 of the same Act, if any;

If payment has not been made, the position.

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