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(영문) 대전지방법원 2015.08.17 2013나9923

임금 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Defendant, a social welfare foundation for the establishment and operation of a social welfare center, etc., was a medical corporation from around 2008, and entered into a nursing service contract with the Simsan-do Hospital Specializing in the Elderly in Chungcheongnam-do operated by the Chungcheongnam-do Medical Center, Chungcheongnam-do (hereinafter “instant hospital”) and the Defendant supplied nursing workers to the instant hospital, and received nursing expenses from the instant hospital, and the details thereof are as follows.

Article 3 (Contract Amount and Method of Payment) (3) The calculation of nursing expenses shall be made by the instant hospital on a monthly basis by directly claiming the patient’s guardian to transfer it to the Defendant’s bank account.

Article 4 (Working Conditions) (1) Hours: 24 hours in principle.

(2) Holidays and vacations: The defendant may grant workers holidays and vacations, but where the number of employees working therefor is deficient, a substitute shall be made.

(3) The nursing fees of a worker shall be borne and paid by the defendant.

Article 5 (Appointment of Person in Charge of Management) For the supervision, guidance, education, settlement of grievances, etc. of nursing personnel, the defendant shall appoint a person in charge of management and notify the hospital of this case.

Article 6 (Fidelity Guarantee and Liability for Compensation) The defendant shall guarantee the identity of a nursing worker, and where the defendant inflicts damage on the property, etc. of the hospital of this case by intention or negligence during his/her duties, the defendant shall be liable

Article 7 (Observance of Provisions, etc.) The defendant shall observe the regulations and rules of the hospital of this case and conduct prior education on safety accidents of the worker in performing nursing duties.

Article 8 (Liability for Accidents) The defendant shall be responsible for all safety accidents that occur while working on the part of the contractor.

B. The Plaintiff was employed by the Defendant from August 4, 2008, and provided labor at the instant hospital as a day-day system at the instant hospital under the Defendant’s direction, and retired on October 26, 2010.

[Ground of recognition] There is no dispute.