[임금청구][공2003.4.15.(176),919]
The case holding that it is difficult to view that the representative shop owner, who is in charge of the management of the commercial building at present, has succeeded to the status as the user of the previous business management company or the federation of merchants, and thus, it is difficult to assume that the representative shop owner, who is in charge of the management of the commercial building at present,
The case holding that it is difficult to view that the representative shop owner, who is in charge of the management of the commercial building at present, has succeeded to the status as the user of the previous commercial management company and the federation of merchants, and thus, it is difficult to assume that the representative shop owner, who is in charge of the management of the commercial building at present, bears
Article 41 of the Commercial Act, Article 30(1) of the Labor Standards Act
Plaintiff (Attorney Kim Young-soo et al., Counsel for the plaintiff-appellant)
The representative of the SPD owner association (Law Firm Song-dong, Attorney Lee Jong-dae, Counsel for the plaintiff-appellant-appellant)
Seoul High Court Decision 2001Na67654 delivered on October 24, 2002
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
The court below held that it was difficult for the non-party 1 to recognize the status of the non-party 2 to the non-party 9 company's new management and operation of the non-party 9 company's 9 company's 19 company's 7 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 17 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 9 company's 1 company's 9 company's 9 company's 1 company's 9 company's 9 company's 9 company's 1 company's 9 company's 9 company' company's 9 company'.
In light of the records, the court below is just to find that the defendant succeeded to the rights and obligations of the merchant federation as above, and that the defendant cannot be deemed to have succeeded to the status of the employer in relation to the workers necessary for the management of the commercial building of this case. There is no error of law such as misconception of facts due to violation of the rules of evidence and rules of experience, or misunderstanding of legal principles as to succession to the employment relationship, etc., as otherwise alleged in the ground of appeal, and it is merely an independent opinion that the fact that the worker continued to work in the same workplace for the same business and the new transferee of the workplace naturally succeeds to the status of the employer, and it is not against the justice by denying this. The ground of appeal is not accepted.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Jae-sik (Presiding Justice)