(1) When a construction project is being conducted through two or more tiers of contracts under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction work"), if a subcontractor that is not a constructor under subparagraph 7 of Article 2 of that Act fails to pay wages (limited to wages arising from the construction works concerned) to employees he or she has employed, an immediate upper tier contractor shall have joint and several responsibility for payment of wages to employees employed by the subcontractor. <Amended on May 24, 2011; Apr. 30, 2019>
(2) When the immediate upper tier contractor under paragraph (1) is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, the lowest tier constructor falling under the same subparagraph among the upper tier contractors shall be deemed the immediate upper tier contractor. <Amended on May 24, 2011; Apr. 30, 2019>[This Article Newly Inserted on Jul. 27, 2007]