1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 27, 2013, Amateur A Co., Ltd. contracted B (hereinafter “instant construction”) to the Defendant for a contract for construction cost of KRW 361,90,000 (including value-added tax of KRW 32,900,000) and the construction period from November 27, 2013 to February 28, 2014.

B. Article 44-2 of the Labor Standards Act provides that:

(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 "public private road") fails to pay wages (limited to wages arising from the relevant construction works) to workers he/she employs when a construction business has been conducted on two or more occasions under Article 4-2 (Joint and Several Liability for Payment of Wages in Construction Business) (1) If the subcontractor fails to pay wages (limited to wages arising from the relevant construction works) to his/her workers, the immediate upper contractor shall be jointly and severally liable

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

[Reasons for Recognition] Facts without dispute, entry of Eul evidence No. 1, purport of the whole pleadings

2. The Defendant, which caused the Plaintiff’s claim, subcontracted the instant construction to C(D), and C subcontracted it to Ag Engineering Co., Ltd. (hereinafter “Ag Engineering”), and employees E of Agym Engineering had the Plaintiff left the part of the instant construction (hereinafter “the instant printing panel work”).

Accordingly, the plaintiff, under the responsibility of the plaintiff, mobilized one day to eight persons, and completed the above construction, and the amount of the overdue wage is 15,945,00 won.

Meanwhile, Article 44-2 of the Labor Standards Act does not provide wages to workers who are not the constructor under the Framework Act on the Construction Industry.