1. The defendant's appeal is all 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 registered with a construction business license pursuant to Article 9 of the Framework Act on the Construction Industry, was awarded a contract for the manufacture and installation of a newly-built apartment household from the Kudong Construction Co., Ltd., and subcontracted the construction work during the said construction (hereinafter “instant construction”) to B, a non-registered constructor, for the construction cost of KRW 275 million.

B. The Plaintiff, etc. was employed by B from April 12, 2014 to April 22, 2014 and provided labor at the construction site of this case, but did not receive wages equivalent to two million won from B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, Eul evidence Nos. 1 and 2, and the result of the inquiry and response to the fact-finding to the Central and Medium Local Labor Agency of this Court, the purport of the whole pleadings

2. Determination

A. Where a construction business is conducted on two or more occasions under 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 a prime contract, subcontract, entrustment, etc., and the other party agrees to pay the price for the result of the construction), if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry (a person who conducts construction business upon registration, etc. under the Framework Act on the Construction Industry or other Acts) fails to pay wages to his/her employees, an immediate upper tier contractor is jointly and severally liable for the payment of wages to the workers employed by the subcontractor (Article 44-2(1) of the Labor Standards Act). If an immediate upper tier contractor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the immediate upper tier contractor shall be regarded as a contractor under the same subparagraph of the upper tier contractor (Article 44-2(2) of the Labor Standards Act).