근로에관한 소송
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
The reasoning of the first instance judgment is reasonable, and this is also the same in addition to the statement of evidence No. 20-1, 2, 21, 22 of the evidence submitted in the first instance trial and the result of the on-site inspection by this court.
Therefore, according to the main text of Article 420 of the Civil Procedure Act, the reasoning of the judgment of the court of first instance is cited as the reason of this judgment, and below added the judgment as to the plaintiff's assertion repeated or added in the trial.
The plaintiff asserts that H is merely a simple labor agency of the defendant, and that there was no difference between the plaintiff and the defendant, since H does not directly employ the plaintiff by substantially managing the worker's attitude of H, such as the plaintiff, the defendant formed an implied labor relationship between the plaintiff and the defendant.
However, according to the reasoning of the judgment of the first instance cited as the ground of the foregoing judgment, in light of various facts acknowledged based on the evidence admitted as such, etc., the evidence presented in this case alone was insufficient for H to have no identity or independence as a business owner, and its existence was formally and nominal.
The plaintiff's assertion on this part is without merit, since it is insufficient to recognize that an implied labor contract relationship between the defendant and the defendant is established in a subordinate employment relationship with the defendant.
In addition, the Plaintiff asserts that the relationship between the Plaintiff and the Defendant on temporary placement of workers was formed in full view of the following: (a) the Defendant’s workers and H workers were jointly engaged in work or each work was closely connected, and the Defendant directly directed and supervised the Plaintiff.
However, examining the results of the on-site inspection of the evidence cited as the ground for fact-finding in the reasoning of the first instance judgment, in addition to the facts acknowledged by the reasoning of the first instance judgment, the following circumstances can be additionally revealed.
① The Defendant