(1) Where a concluded contract for construction work falls under any of the following subparagraphs, an immediate upper tier contractor shall directly pay the employees employed by a subcontractor an amount of money equivalent to wages (limited to wages arising from the construction works concerned) that the subcontractor shall pay at the request of employees employed by such subcontractor, within the obligation extent of the subcontract cost the immediate upper tier contractor shall pay to the subcontractor:
1. Where the immediate upper tier contractor has agreed with the subcontractor with respect to the intention that the immediate upper tier contractor may directly pay wages that the subcontractor is liable to pay to employees employed by the subcontractor and the method of and procedure for such payment;
2. Where there is an order for payment decided under subparagraph 3 of Article 56 of the Civil Execution Act, an execution deed proving that employees have a claim for wages to a subcontractor under subparagraph 4 of Article 56 of that Act, a decision of advice of performance made pursuant to Article 5-7 of the Trial of Small Claims Act, or other title of debt corresponding to such items as above;
3. Where the subcontractor informs the immediate upper tier contractor that he or she has obligation to pay wages to his or her employees and the immediate upper tier contractor recognizes that the subcontractor has evident reasons to be unable to pay wages due to such reasons as bankruptcy, etc.
(2) When a contract for construction work has been subcontracted down two or more levels from a contractor (hereinafter referred to as "prime contractor") of a person awarding a contract under subparagraph 10 of Article 2 of the Framework Act on the Construction Industry, where employees employed by a subcontractor (including any subcontractor who has been awarded a sub-subcontract by a subcontractor who has been awarded a contract; hereafter the same shall apply in this paragraph) have a title of debt under paragraph (1) 2 to such subcontractor, employees may request the prime contractor to pay directly an amount of money equivalent to wages (limited to wages arising from the construction works concerned) which a subcontractor is to pay. The prime contractor shall comply with such request to the extent of the amount of money for which employees are entitled to exercise the subrogation right of a creditor under Article 404 of the Civil Act to themselves. <Amended on May 24, 2011>
(3) Where an immediate upper tier contractor or a prime contractor has paid the amount of money equivalent to wages to employees employed by a subcontractor pursuant to paragraphs (1) and (2), it shall be deemed that the obligation to pay the subcontract price to a subcontractor has expired within such extent.[This Article Newly Inserted on Jul. 27, 2007]