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(영문) 서울고등법원 2017.09.15 2016나2081865

근로자지위확인 등

Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff

A shall begin on January 1, 2008, while Plaintiff B shall begin on July 1, 201.

Reasons

1. The basic facts;

2. The Parties’ assertion;

3. The reasons stated in this part of this Court are as stated in the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part of this Court’s claim for confirmation of worker status and for confirmation of invalidity of dismissal is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Jin part ① 1, the 7th 10th th th th th th st th th th st th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th,

B. As to the claim for confirmation of work status in the judgment of the court of first instance (Article 3-A), the part added “the Defendant (hereinafter “Defendant”) determined the work status and gave considerable direction and supervision as follows.”

1) Comprehensively taking account of the evidence adopted prior to the facts acknowledged, Gap evidence Nos. 28, 29, Gap evidence No. 31-7, Gap evidence No. 32-36, and part of Gap witness H, the following facts can be acknowledged. (A) The duty management standards, Article 32 of the Employment Regulations (or Employment Management Regulations) of defendant C branch offices of the defendant Corporation (or defendant C branch offices) shall work on duty in accordance with the order, and matters necessary for the duty management shall be separately determined by the president.

“Determination”.

Accordingly, since 2002, the defendant corporation prepared and implemented the "Standards for Management of Party Affairs".

In the case of Defendant C branch offices for which the plaintiffs worked, the head of each agency of various levels may choose not to perform a separate watchkeeping service in the following cases: Article 3 (3) 3 of the standards for the duty management.

3. Where a full-time situation room is operated and the duty on duty is assigned to the situation room, the person who works in the situation room without any separate worker on duty.