퇴직금 청구
1. The Defendant shall pay to the Plaintiff KRW 22 million and the amount of KRW 20 million from February 14, 2015 to the date of full payment.
1.The following facts, such as facts of recognition, are not disputed between the parties, or may be recognized by comprehensively taking account of the respective entries in Gap evidence 1 to 13, Eul evidence 1 to 3, and 6 (including each number), and the whole purport of the pleadings:
The defendant is a company that operates automobile transport arrangement business, intermediation business, etc.
C Co., Ltd. (hereinafter referred to as “C”) is a company that runs the freight forwarding business.
B. From January 1, 2004, the Plaintiff, as an employee (on-the-job driver) of C, had entered into a logistics agency contract with C at the latest, has renewed its annual contract by no later than December 2010 in the form of transporting the delivery in compliance with the orders of the delivery agency and the delivery quantity, etc., and thereafter, the Plaintiff, as an employee of the Defendant (on-the-job driver), has been performing the same duties as from January 1, 201.
C. On February 8, 2012, the Plaintiff was involved in a traffic accident in the course of causing transportation goods to be loaded in a logistics warehouse by driving a rolling stock as of Pyeongtaek, and accordingly, the Plaintiff was suffering from an injury or disease, such as “companion, e.g., post-s., anti-s., anti-s., post-s., and stability,” and was treated as retirement on the day or the following day.
On July 9, 2013, the Plaintiff applied for medical care benefits for an injury or disease to the Korea Workers' Compensation and Welfare Service, but the Korea Workers' Compensation and Welfare Service rendered a disposition of non-approval for medical care on July 17, 2013.
Accordingly, the plaintiff filed a lawsuit seeking the revocation of the disposition not to grant medical care, and the court rendered a judgment revoking the disposition not to grant medical care on the ground that the plaintiff is an employee under the Labor Standards Act and the above traffic accident constitutes "occupational accident" under the Industrial
(Seoul Administrative Court 2013Gudan21246). The defendant participated in the lawsuit at the appellate court on the part of the Korea Labor Welfare Corporation, but was sentenced to the dismissal on July 16, 2015.
(Seoul High Court 2014Nu66047). The defendant appealed, but on October 25, 2018, the appeal was dismissed.
(Supreme Court Decision 2015Du51460). As a result, the judgment of the first instance became final and conclusive.