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(영문) 의정부지방법원 2018.07.12 2017나209786

퇴직금 등

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the following modifications or additions, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be dried shall have been dried up to 21 parallels 6th to 7th parallels in the judgment of the court of first instance as follows.

1) Whether the plaintiffs' special lecture hours can be seen as contractual work hours, Gap evidence 6, Eul evidence 7, Eul evidence 18 (the following circumstances, which can be recognized by comprehensively taking account of the overall purport of each statement and pleading, including various numbers; the defendant decided whether to implement the special lecture and received an answer from the students and allocated special lecture hours to the instructors; the special lecture was conducted for about seven months immediately before March and April of each year; the special lecture was conducted by the defendant's facilities; since the special lecture was conducted using the defendant's facilities, it seems inevitable for the defendant to determine whether to conduct the school and the time was conducted; the defendant's driving school operated in the form of a deliberative school and was operated in the regular time table, but all students did not hear the special lecture; since the defendant's driving school settled the tuition fee for the prescribed time according to the number of classes and paid monthly salary, it cannot be viewed that the plaintiffs' special lecture hours were paid to the instructors based on the special lecture hours, it cannot be viewed as the plaintiffs' special lecture hours provided to the defendant.

3. The addition;

A. On the 16th day of the first instance judgment related to extinctive prescription of weekly holiday allowances, the following is added to the following:

The plaintiffs became aware of the fact that they can claim weekly holiday allowances through the petition of the Labor Agency in relation to the extinctive prescription.