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(영문) 대구지방법원 2016.09.22 2015나307195

임금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) D, around September 2009, acquired G in the name of E, and E had worked as the president of G from that time. 2) D, upon establishing the Defendant on October 21, 2010, changed G’s operator from E to the Defendant, and D changed the name of G to C while establishing the Defendant.

The following shall be referred to as C before and after the change of the trade name:

The mother F, as the representative director of the defendant, registered himself and his wife G as the in-house director.

3) At present, the actual representative of the defendant is D, an internal director. 4) C is composed of a management department that takes charge of private teaching institute instructors, a business department that conducts activities such as recruiting students, accounting and accounting affairs, guidance, cleaning, etc.

5) A private teaching institute instructors and a business division received variable benefits based on their performance records, and the management division received fixed benefits as an employee under the Labor Standards Act. (B) The Plaintiffs consulted students visiting the business division in C 1st century, recruited students, recruited students, or conducted activities such as advertising of a private teaching institute using the Internet and telephone.

2) On October 5, 2009, Plaintiff A joined C and retired from office on April 16, 2012 while serving as an employee from March 6, 2010, and Plaintiff B joined C on October 30, 2012, and served as the team leader from March 6, 2010, and retired from office April 16, 2012. (c) The “Business Schedule Regulations” applicable to the Plaintiffs (1), which read as the working environment, etc. of the Plaintiffs, applied to the Plaintiffs, “10% of cooperation and submission of a letter of time and the submission of a disciplinary action at the meeting of the executive members, and ten days or more”, and the “the relevant parties shall retire from office, and the head of the relevant department may decide the disciplinary action at the meeting of the executive members, such as returning the work on duty three occasions, etc.” may be subject to a penal provision.

2. The retirement and retirement of the plaintiffs was made at a fixed time, the number of time to get to and off from work was fixed, and when they are dismissed, it was cut off.

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