1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is delivered with paragraph (1).

1. Basic facts

A. On February 12, 2016, D representing a regional promotion committee of the instant regional housing association: (a) entered into a “construction contract for the Housing Promotion Center” with F, a company operating the “E”, and the present DNA (which is the agent of the said regional housing association, although the written contract states “N&C,” in light of the certificate of seal impression (No. 48 of the record); (b) the F, a public relations center construction work for the said regional housing association (hereinafter “construction work for the instant public relations center”); and (c) the said regional housing association paid KRW 1,200,000,000 for construction cost.

(see evidence 1). (b)

On March 1, 2016, the Defendant entered into a construction subcontract (hereinafter referred to as the “instant subcontract”) with a constructor that: (a) the Defendant would perform interior neck construction works and pay KRW 80,000,000 (hereinafter referred to as the “instant subcontract”) among the instant public relations centers construction works; and (b) the Defendant would pay KRW 80,000.

(see evidence 2, 5). (c)

D, on March 9, 2016, represented by the committee for promotion of the above regional housing association, concluded again the “construction contract for the Housing Promotion Center” with the purport that the Defendant shall perform the construction work of the instant public relations center and pay the construction cost of KRW 1,200,000 to the said regional housing association.

(see evidence 4). (d)

The Plaintiff was employed by the Co-Defendant B of the first instance trial and worked for the aforementioned construction site from March 10, 2016 to March 17, 2016, but did not receive wages of KRW 1,520,000 from the above B.

(See Evidence Nos. 1, 2, 3, 4, and 5 of the Evidence Nos. 1, 3, 4, and 5 of the Grounds for Recognition

2. Determination

A. According to the above facts, the Co-Defendant B of the first instance trial paid the Plaintiff wage of KRW 1,520,00 as the Plaintiff’s direct employees, and the Defendant, as the above direct contractor of the second instance, is the above B pursuant to Article 44-2 of the Labor Standards Act.