logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.06.10 2019나3844
공사비등
Text

1. The plaintiff's appeal against the defendant is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for an addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, it is acceptable in accordance with the main sentence of Article

2. Additional determination

A. The Plaintiff’s assertion 1) Article 44-2(1) of the former Labor Standards Act (amended by Act No. 16415, Apr. 30, 2019) (hereinafter “instant legal provision”) (hereinafter “instant legal provision”).

) In construction business, a contract under Article 2 subparagraph 11 of the Framework Act on the Construction Industry (hereinafter referred to as “contract for construction”) shall be made on two or more occasions.

(2) Article 2(1) of the former Framework Act on the Construction Industry (amended by Act No. 16101, Dec. 31, 2018) provides that where a subcontractor who is not a constructor under Article 2(7) of the same Act fails to pay wages to workers employed by the subcontractor, the immediate upper tier contractor shall be jointly and severally liable for the payment of wages to workers employed by the subcontractor. In this case, a construction contract was made at least twice, and since D who has been awarded a contract for construction work from the Defendant is a subcontractor who is not a constructor under Article 2(7) of the Framework Act on the Construction Industry, the Defendant is jointly and severally liable for the payment of wages that D has not been paid to the Plaintiff who is a worker employed by D. (2) of the former Framework Act on the Construction Industry (amended by Act No. 16101, Dec. 31, 2018). Article 29(2) of the same Act provides that the contractor shall subcontract part

Since the Defendant violated the Framework Act on the Construction Industry by sub-subcontracting to D, an unqualified person for construction business, the Defendant is obligated to pay the construction cost to the Plaintiff who received a construction contract from D.

B. The judgment of the claim based on the legal provision of this case is in this case.

arrow