The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Facts of recognition;

A. The defendant is a company that operates general construction business.

The Defendant received a new construction from the building owner D to the Gyeongjin-gun E on the ground.

B. On October 10, 2016, the Defendant subcontracted the instant construction project, among the construction project of the construction project of the above lending (hereinafter “instant construction project”), to F, other than a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, and F re-subcontracted the instant construction project to C, other than a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry.

(c)

The Plaintiff, as employed by C, provided labor for the instant construction work from November 30, 2016 to March 22, 2017, but did not receive KRW 5,100,000 in total during the period from January 23, 2017 to March 22, 2017 from C.

【Fact-finding without a dispute over the basis of recognition, Gap evidence of Nos. 1 through 6, Eul evidence of Nos. 1 and 2, the purport of the whole pleadings

2. Obligation to pay wages;

(a) Where a construction business is carried out under related Acts and subordinate statutes two or more times a contract defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (a contract under which the other party agrees to complete construction works regardless of names, such as prime supply, subcontract, entrustment, etc., and the other party agrees to pay consideration for the result of the construction works), if a non-contractor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry (limited to the wages generated from the relevant construction works) fails to pay wages (limited to the wages that have occurred from the relevant construction works) to his/her workers who have been employed by a non-contractor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the immediate upper-tier supplier shall be jointly and severally

In such cases, where a direct contractor is not a constructor referred to in Article 2 subparagraph 7 of the Framework Act on the Construction Industry, he/she shall be deemed an immediate upper contractor from among his/her upper contractors referred to in the same subparagraph. (In such cases, the former Labor Standards Act (amended by Act No. 16415, Apr. 30, 2019).