The judgment below

The part against Defendant C is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. As to the ground of appeal on Defendant C’s employer liability

A. Where a contractor has reserved the right of specific direction and supervision on the progress and method of the work of the contractor, the relationship between the contractor and the contractor is substantially different from the relationship between the employer and the employee, so the contractor cannot be exempted from the employer's liability for damages caused by the illegal act of the contractor or the third party employed by the subcontractor.

The direction and supervision of a contractor who is the basis of recognition of the relationship between an employer and an employee refers to the management of the execution itself by directly ordering, supervising, monitoring, and encouraging the operation and implementation of a specific project.

B. (See, e.g., Supreme Court Decision 83Meu153, Nov. 22, 1983).

The judgment below

According to the reasons, the following facts are revealed.

1) On August 12, 2011, the Plaintiff died on September 23, 2014 in the lower court’s co-defendant B (the original trial was pending on September 23, 2014).

hereinafter referred to as “B”

3) From the building of this case, the building of this case is leased and operated by oneself at a discount (hereinafter “G discount”) such as shoes and clothing, etc. of “K” goods.

2) On April 26, 2012, B used as a logistics warehouse of the Defendant C Co., Ltd. (hereinafter referred to as “C”) contracted construction of solar power plants on the roof of the building in operation (hereinafter referred to as “Dong”) as indicated in the lower judgment.

3) Defendant C was changed to the above trade name on August 24, 2012, Defendant D Co., Ltd. (the trade name at the time was E, and on March 21, 2014.

“D” without distinguishing before and after the mutual change.

(4) On September 2012, 2012, the Co-Defendant F of the lower judgment (hereinafter referred to as “F”) ordered I to provide solar structures supply and installation works to I on the same day, and D re-subcontracted the above solar structures assembly line installation works during the above solar structures installation works on the condition that I provide solar cell boards, servers, and access teams.