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(영문) 인천지방법원부천지원 2017.11.29 2016가단29342
임금
Text

1. The defendant shall make the money indicated in the "amount claimed" column in the attached Form to the plaintiff (Appointed Party) and the Appointor and the above money.

Reasons

1. The plaintiffs (appointed parties) and the designated parties (hereinafter referred to as the "Plaintiffs") provided labor at the construction-related site located in Gwangjin-gu Seoul Special Metropolitan City, which was not paid part of the wages. The period of service of the plaintiffs and the amount of the wages not paid are as shown in the claim amount list by the designated parties.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they were employed by B and provided labor. Since B did not pay part of their wages, the defendant is jointly and severally liable to pay each wage and delay damages to the plaintiffs as the immediate upper contractor.

B. The defendant's assertion that he did not employ the plaintiffs.

3. According to Article 44-2(1) of the Labor Standards Act, where a construction business is conducted on two or more occasions, a subcontractor who is not a constructor under Article 2(7) of the Framework Act on the Construction Industry (limited to a person who engages in construction business after making registration, etc. under the Framework Act on the Construction Industry or any other Act) fails to pay wages (limited to wages arising from the relevant construction works) to workers employed by the subcontractor if the subcontractor and the subcontractor are jointly and severally liable to pay wages to workers employed by the subcontractor.

In addition, the above provision is an abstract risk as to the subcontractor's failure to pay wages by making an illegal act to a person whose financial ability, etc. for construction work is not confirmed because the immediate contractor is not registered in the construction contract.

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