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(영문) 대구지방법원서부지원 2015.06.17 2014가단25560
임금
Text

1. The defendant,

A. Plaintiff A: KRW 4,818,00, KRW 4,200,00 to Plaintiff B; KRW 3,930,000 to Plaintiff E; and KRW 3,930,00 to Plaintiff G.

Reasons

1. Determination as to the cause of claim

A. 1) At around 2012, Thai L&C Co., Ltd. awarded a contract to the Defendant for a new construction of J in the Si of Gu, and the Defendant, among the types of molding works, is called the instant construction works (hereinafter “instant construction”).

2) The Plaintiffs were employed by the Plaintiff C and the Plaintiff C and the Plaintiff (No. 5) on a yearly basis, and provided labor at the site of the instant construction work for the same working period as indicated in the detailed statement of the money and valuables in arrears in attached Form 3 and No. 9, and No. 4 on a yearly basis, respectively. The Plaintiffs provided labor at the site of the instant construction work. The Plaintiffs did not receive wages of the same amount as indicated in the aggregate column of the same Table from K.

3) K is an individual entrepreneur who has not been registered under the Framework Act on the Construction Industry, and the defendant is a registered constructor. 4) Article 44-2 of the Labor Standards Act (Joint and Several Liability for Payment of Wages in Construction Business) (1) Where a construction business is subcontracted under Article 2 subparagraph 11 of the Framework Act on the Construction Industry (hereinafter referred to as “contract for construction work”) on two or more occasions, if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages (limited to wages arising from the construction work in question) to his/her employees, the immediate upper tier contractor shall be jointly and severally liable to pay the wages

(2) Where an immediate upper contractor referred to in paragraph (1) is not a constructor referred to in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the immediate upper contractor referred to in the same subparagraph shall be deemed an immediate upper contractor.

The definitions of terms used in this Act under Article 2 of the Framework Act on the Construction Industry are as follows:

7. The term "constructor" means a person who runs a construction business after making a registration, etc. under this Act or other Acts;

11. The term "contract" means a contract to complete construction works, regardless of titles, such as a prime contract, subcontract, consignment, etc., and the other party shall make a consideration for the results of the construction works.

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