근로자지위확인의 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. Basic facts
A. The Plaintiffs, as those who worked as a full-time fluor of a sports team in the “D High School” under the Defendant’s jurisdiction, concluded an employment contract with the head of D Middle High School and the head of D High School every year (hereinafter “instant employment contract”).
On December 18, 1990, the date of acquisition of the qualification certificate for the extension of the first class vocational training course for the second class athletic training instructor on December 18, 1990, the second class (sports) vocational training instructor for the second class of the second class vocational training course for the second class vocational training on December 18, 1990. < Amended by Presidential Decree No. 2234, Oct. 25, 2010; Presidential Decree No. 22347, Oct. 22, 2010; Presidential Decree No. 22347, Oct. 22, 2010; Presidential Decree No. 22347, Feb. 22, 2008>
On February 26, 2014, the Plaintiffs entered into a “exclusive co-employment contract” with the head of the D Middle High School during the contract term from March 1, 2014 to February 28, 2015.
The contents of the plaintiffs' employment contract, termination of contract, renewal of contract, etc. are as follows:
Article 3(1)(3)(1)(3)(2)(1)(1)(1)(1)(2)(1)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(
3. Business affairs;
(a) Training, instruction and management of school sports teams;
(b) Safety guidance in training;
(c) Management of training grounds;
(d)Article 11 (Termination of Contracts) 11 (Termination of Contracts)(1) A may be excluded from the subject of termination and re-contract of the employment contract even in the case of B which falls under any of the following:
1. When the ability to perform duties is considerably deficient, or the attitude of duty is unfaithful;
4. Where termination of a contract is inevitable due to the dissolution and adjustment of the affiliated team, reduction of budget, etc.;
6. When it causes difficulties in operating the team due to negligence in fostering players and failure to secure appropriate number of players;
8. Types of personal games: When there is no outcome of winning a national sports competition for the next two years after concluding a contract.
9. Types of group competition: When there are no achievements in prizes at the national sports competition for the following three years after concluding a contract.