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(영문) 서울행정법원 2019.11.21 2019구합675

부당해고구제재심판정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Circumstances and details of the decision on reexamination;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation that was established on June 18, 2004 and ordinarily employs approximately 300 workers and engages in the business of managing facilities, etc. designated by the head of the Seoul Special Metropolitan City C.

The plaintiff is a person who entered into a service contract with the intervenor on August 1, 2014 and worked as a swimming instructor.

B. On April 30, 2018, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on the ground that “the Intervenor’s notification of the termination of the service contract to the Plaintiff on January 31, 2018 is unfair.”

On August 1, 2018, Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the Plaintiff was a person who entered into a service contract with the Intervenor and does not constitute an employee under the Labor Standards Act.”

C. On August 30, 2018, the Plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission.

On November 22, 2018, the National Labor Relations Commission dismissed the plaintiff's application for reexamination on the same ground as the initial inquiry tribunal.

(hereinafter referred to as “instant decision on reexamination”). 【No dispute exists, entry of evidence A Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the decision on the retrial of this case is lawful

A. The Plaintiff’s assertion constitutes a worker under the Labor Standards Act who provided labor for the purpose of wages under the Intervenor’s direction and supervision, although the Plaintiff entered into a service contract with the Intervenor.

The decision of this case rendered on a different premise is unlawful.

B. On Aug. 3, 2014, the Intervenor opened the “D Center” (hereinafter “instant center”) on August 2014, and provided various sports courses to residents in the Seoul Special Metropolitan City, including dancing, patriarcha, pots, table table, and swimming. 2) The Intervenor published the recruitment of veterinary services instructors at the instant center on July 3, 2014.

The contents are as follows:

The form of work: The wage conditions for the services instructor: 15,00 won per hour and the new wall (2: 6:00:0 won per hour.

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