A. The status of the Parties is below:

Before the division as seen in the foregoing paragraph, K Co., Ltd. (hereinafter “K”) was organized into the automobile sales sector, the construction sector, and the head office management sector. However, the Plaintiffs are the business-based workers who worked for the automobile sales sector.

In accordance with the benefits system, K's employees are the CM business workers (the fixed wage of about 70% and the piece rate of about 30%) to which the fixed wage-oriented benefit system applies, and SR business workers (the fixed wage of about 30% and the piece rate of 70%) to which the performance-oriented benefit system applies.

B. After the first standby order issued to the plaintiffs, K's automobile sales division consisting of direct passenger sales division, agency sales division, truck sales division, bus sales division, and import tea sales division. When the personnel of direct passenger sales division accumulated, K established L on October 1, 2006 by dividing the peculiar part among direct passenger sales division and agency sales division, and issued L on October 2, 2006 a retirement personnel order for 50 workers including the plaintiffs as of October 2, 2006, and L corporation issued a recruitment personnel order against them as of December 1, 2006. On December 1, 2006, a large number of workers who were subject to the above order of personnel management as of December 1, 2006 were dissatisfied with the above order and filed an application for provisional disposition against K on December 1, 2006, and the same court decided as the plaintiffs' temporary employees as of December 26, 2008.

On January 31, 2007, K issued a standby order (the first standby order) on January 23, 2007, ordering 214 persons, including the plaintiffs, to be assigned to the position as of January 23, 2007.

3) After that, on September 11, 2008, the Seoul Administrative Court issued a retirement personnel order under Paragraph (1) of the same Article as 2007Guhap4583.