1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Defendant, a constructor under the Framework Act on the Construction Industry, awarded a contract for the “Fawyang-gun Construction Work” and subcontracted the part of the wooden construction to C, who is not a constructor under Article 2(7) of the Framework Act on the Construction Industry, and C accordingly performed the construction work.

B. The Plaintiff and the designated parties provided labor at each construction site after being employed by C for each period, such as the period of service in the attached list, as indicated in the attached list, (i.e., dismantling work of wood molds, etc.). They were not paid wages as indicated in the attached list (A) by C

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Article 44-2(1) of the Labor Standards Act provides that “Where a construction business has been subcontracted two or more times under Article 2(11) of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her employees, the immediately preceding contractor shall be jointly and severally liable with the subcontractor to pay wages to workers employed by the subcontractor.”

The above construction work has been executed two or more contracts for construction work. The defendant is a constructor pursuant to Article 2 subparagraph 7 of the Framework Act on the Construction Industry, and C is not a constructor pursuant to Article 2 subparagraph 7 of the same Act. Thus, the defendant, who is a direct contractor of C, is liable to pay wages to the plaintiff and the designated parties who are employed by C.

Therefore, the defendant is obligated to pay the amount corresponding to the item in the attached list (A) of which C has not been paid to the plaintiff and the selected parties, and the damages for delay calculated at the rate of 20% per annum under Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from the date of completion to the date of full payment of each of the above amounts, 14 days after the end of each service period.

3. Thus, the plaintiff's claim is reasonable.