근로에관한 소송
1. The part of the judgment of the court of first instance regarding the claim for confirmation of worker status is revoked.
2. The term of “the Plaintiff” is the period of Defendant Corporation.
1. In the first instance court’s trial scope, the Plaintiffs claimed confirmation of the status of workers against the Defendant (hereinafter “Defendant Corporation”), and the first instance court dismissed all of the Plaintiffs’ claims.
The plaintiffs appealed against the entire judgment of the court of first instance, but withdrawn the appeal on September 7, 2016.
Ultimately, only the claim for confirmation of the status of workers is subject to the adjudication of this Court.
2. Basic facts
A. The Defendant Corporation was established as a local public enterprise with the aim of contributing to the stabilization of the residential life and the improvement of welfare of citizens through the development, supply of housing sites, housing construction, improvement, supply, management, etc. in accordance with the Local Autonomy Act, the Local Public Enterprises Act, and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City C Corporation on December 21, 198.
B. On March 4, 2013, the Defendant issued a “Public Notice of Employment of Marketing Experts” as follows.
(A) No. 5, hereinafter referred to as the “instant Employment Notice”); 1. Sales experts (related to the promotion of sales of unregistered Land (Housing Site) who are in charge of contract workers (careers) in the recruitment field and the type of employment;
2. A person who falls under any of the following detailed requirements for qualification for support and has at least two years’ work experience in the relevant business:
3. A person who has excellent performance in making a decision on consultation based on his/her work experience after at least one year has passed the level of remuneration for working conditions during the contract period, shall be converted
C. According to the recruitment announcement of this case, the Plaintiffs supported the marketing experts of Defendant Corporation, and the Defendant Corporation selected seven applicants including the Plaintiffs as marketing experts.
On March 25, 2013, the Plaintiffs concluded the following labor contracts with the Defendant (hereinafter “each of the instant labor contracts”).
Plaintiff A’s annual salary under each of the instant employment contracts was KRW 43,302,00, and Plaintiff B’s annual salary was KRW 51,550,080.
Article 2 (Duties in Charge) Land and