beta
(영문) 대구고등법원 2007.09.19 2006나6950

근로자지위확인

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of restricting access against the Plaintiff on August 19, 2003 is null and void.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or can be acknowledged with the testimony of Gap evidence 1, Gap evidence 9-1 to 3, Gap evidence 10, 22, 23, Gap evidence 24-1 to 9, Gap evidence 25, and 49, Eul evidence of the first instance court, and witness N of the appellate court.

D On February 3, 2001, the consortiums were declared bankrupt, and 3,106 members of the D consortiums were organized, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established.

On November 15, 2001, the Defendant Company: (a) opened a consortium on February 10, 2002 (hereinafter “instant golf club”); and (b) opened the consortium on February 10, 2002 (hereinafter “instant golf club”); (c) allowed those wishing to enter the Defendant Company as the sports assistant of the Defendant Company; and (d) from this point of time, the Plaintiff entered the Defendant Company’s sports assistant.

B. On June 9, 2003, some business assistants, including the Plaintiff, constituted the Korean Women’s Union E-Subdivision (hereinafter “EM”).

C. From June 12, 2003 to June 14, 2003, the Defendant Company publicly announced that sports assistants will select sports promotion personnel (not only general employees, but also sports assistants will not work to support the selection of sports promotion personnel, and ordinary world workers will work in this work) and, after submitting a job application form among the sports assistants, submitted the F on June 17, 2003 to be newly employed as a sports-type employee and a leader as of June 18, 2003, the Defendant Company led F to play a role as a master (the direction and supervision of sports assistants under the direction of the competition division).

Therefore, in order for the defendant company to impose the E-Trade, the defendant company shall make a public announcement to select the sports-related personnel by falsity so that other sports assistants may not be supported, and the F in which job application is submitted.