1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

(b).

1. Basic facts

A. The Defendant, as a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, was awarded a contract for D Corporation (hereinafter referred to as “D Corporation”) from the Incheon Metropolitan City Mayor on June 12, 2017 by setting the contract amount of KRW 1,608,851,970 and the contract period from June 12, 2017 to October 31, 2017.

B. On July 2017, Article 2 subparag. 7 of the Framework Act on the Construction Industry, which is not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, provides that “a person who engages in construction business upon registration, etc. under this Act or other Acts,” and Article 12(1) of the Enforcement Decree of the Framework Act on the Construction Industry provides that “The Minister of Land, Infrastructure and Transport shall prepare and manage a construction business registration ledger using the Construction Industry Information Network.” Thus, E is not inquired from the KISON (Construction Industry Knowledge Information System) operated by the Minister of Land, Infrastructure and Transport as a construction enterprise, and the Defendant stated that “E is known as an enterprise that has not registered the construction business.”

In light of this point, E seems not to be a constructor under Article 2 (7) of the Framework Act on the Construction Industry.

A subcontract was made to E Co., Ltd. (hereinafter “E”), and E was sub-subcontracted to C, other than a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry (hereinafter “instant construction”).

C. On December 19, 2017, the Plaintiffs asserted that they did not receive wages even after having provided labor at the instant construction site by being employed by the Central Labor Agency by the Central Labor Agency, and submitted a written petition against C (subcontract) and the Defendant (direct contractor). On April 2, 2018, the Gwangju Regional Labor Agency submitted to the Plaintiffs a written petition against the Plaintiffs on the amount of delayed payment of wages as stated in the attached Table “attached Table”, and the overdue business owner C and lawful affiliated constructor.