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(영문) 대구지방법원서부지원 2015.09.10 2013가단23512
임금
Text

1. The defendants jointly and severally indicate the "amount" stated in the separate sheet of calculation to the plaintiffs (appointed parties) and the designated parties.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) was a constructor who completed the registration of construction business under the Framework Act on the Construction Industry, and was awarded a contract with the plant of “D Corporation” (hereinafter “instant construction”).

B. Defendant B, with the trade name of “E”, was engaged in construction business without registration of construction business under the Framework Act on the Construction Industry, and was subcontracted by Defendant Company on October 22, 2012.

C. Defendant B did not pay the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) who had been employed and worked for the above Defendant at the instant site, the wages indicated in the “amount” column in the attached calculation sheet (hereinafter “paid wages”).

On January 29, 2015, the representative F of the Defendant B and the Defendant Company was sentenced to imprisonment of July in the case of Defendant B, two years in the suspension of execution, and eight million won in the case of a fine for negligence on the part of the Plaintiff’s failure to pay the unpaid wages to the Plaintiff, etc., respectively. The Defendant B and the Defendant Company’s representative F are currently pending in the appellate trial.

[Ground for recognition] Defendant B: The facts without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1 (including the provisional number; hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

(a) Article 44-2 (Joint and Several Liability for Payment of Wages in Construction Business) (1) Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages arising from the relevant construction works) to workers he/she employs, a immediate upper tier contractor shall be liable for the payment of wages to workers employed by the subcontractor jointly and severally with the subcontractor;

(2) The position under paragraph (1).

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