beta
(영문) 서울남부지방법원 2015.09.04 2014가합106732

퇴직금

Text

1. The defendant shall provide to the plaintiffs the amount of money stated in the separate sheet No. 2 of the attached sheet No. 2 and the same list.

Reasons

1. Basic facts

A. The Defendant is a company that conducts reading education business, such as lending children’s books, and the Plaintiffs are those who retired from office as the head of the Defendant’s branch office, director-general, director-general, etc. (hereinafter “business management office”).

B. The Plaintiffs concluded a commission contract with the Defendant with the following content.

A (hereinafter referred to as “A”) and a commissioned contractor (hereinafter referred to as “B”) enter into a commissioning contract (hereinafter referred to as “contract”) as follows:

Article 2 (Status of B)

1.B shall have the status of the mandatary who, as a free earned income, deals with the affairs delegated by the Company under this contract; and

2. B shall not be subject to the provisions set forth by the company in connection with the employment of employees, such as the collective agreement and employment rules of the company;

Article 3(B)

1. The management area to be delegated by A to B shall be limited to subparagraph (a), and the management area may be changed, if agreement with A exists with B even during the period of appointment;

Article 6 (Matters to be Observed by Section 6 (B)

1. B shall establish plans for, and carry out activities complying with, books and logistics management, organizational management, business plans and education and publicity activities for the sale of goods and the increase of members of the membership system of Party A;

5.B only the goods and services provided by A may be sold, leased, and supplied in accordance with the method set by A, and the price set by A may not be raised or decreased at will.

[Recognition] Facts without dispute, Gap 1, 2, 76 evidence (including each number, if any; hereinafter the same shall apply), Eul evidence 1, Eul's testimony, and the purport of the whole pleadings

2. Determination of the plaintiffs' worker nature

A. The plaintiffs asserted that the plaintiffs are workers under the Labor Standards Act since they provided labor to the defendant in subordinate relationship for the purpose of wages.

As to this, the defendant.

참조조문