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(영문) 서울중앙지방법원 2015.12.15 2015가단5189491

퇴직금 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Parties and their summary 1) The Defendant is a company established and engaged in activities primarily with the purpose of translation, trade, and consultation and consulting on intellectual property rights. The Plaintiff is a person with expertise and ability to translate literature, such as patent specifications, in the field of intellectual property rights, into English, and directly operates a business for the purpose of patent translation. (2) The Plaintiff entered into an employment contract on August 14, 2006 with the Defendant who was a customer at the time of the operation of a business for patent translation, and entered into an oral employment contract on August 14, 2006 with the Defendant’s director position. (1) The Plaintiff was given the Defendant’s director position, and (2) the Plaintiff provided education and training to the Defendant’s employees who were engaged in the work of checking the completion of translations delivered by the Defendant to the Defendant, and (3) provided education and training with the Defendant’s employees who had been requested by the Defendant, while accepting the Plaintiff’s wishes in parallel with this.

3) From July 2007, the Plaintiff, upon receiving a new agreement with the Defendant, continued to perform only translation work, and terminated the business relationship with the Defendant company on December 22, 2014. (B) After July 2007, the Plaintiff was in charge of translation of patent-related documents, including patent specifications written in foreign languages, individually requested by the Defendant from July 22, 2007 to December 22, 2014. As a result, the Plaintiff received as remuneration the amount calculated by multiplying the number of translated words by the amount of KRW 80 or 85, etc., the word “1” of the result of translation by the number of translated words, and the amount of monthly fixed wages and wages received prior to that payment, and the Plaintiff was not paid any more than the amount of the Plaintiff’s regular wages and wages.