해고무효확인 및 임금청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court's explanation concerning this case are as follows: (a) deleted "the supply contract of this case" in the third part of the judgment of the court of first instance (hereinafter "the supply contract of this case") and "the owner shall provide" in the Article 1.3 of the contract of this case, which is viewed as "the contract of this case by the contractor"; (b) "the provisional number" in the fifth part 18 shall be read as "the provisional number shall be included; hereinafter the same shall apply); (c) "the plaintiff and L" in the first part 11 and 12 shall be read as "the preparation of the agreement of this case with L"; and (d) "the fact that an agreement has been concluded to distribute "the fact that an agreement is concluded to distribute it to 51:49" in the third part of the judgment of the court of first instance shall be read as "the fact that the court of first instance will distribute it to 49 (Plaintiff C) 51 (L)"; and (d) shall be cited as it is in the main part of the judgment of Article 420 of the Civil Procedure Act.
2. In determining who is an employer who bears the obligation under the Labor Standards Act with respect to dismissal or payment of wages for any worker of the matters to be additionally determined, the actual employment relationship should be the basis regardless of the form of a contract or the content of the relevant laws and regulations (see, e.g., Supreme Court Decisions 2006Do300, Dec. 7, 2006; 2007Da7973, Oct. 23, 2008). Even if the statements in the evidence No. 1, No. 3, 3, 17, 20, 20, 22, and 24, which the plaintiffs pointed out in the trial, were insufficient to deem that the defendant is the employer who has established a substantial employment relationship with the plaintiffs, and there is no other evidence to support this, this part of the continuous argument by the plaintiffs cannot be accepted.
3. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.