손해배상(기)
The defendant shall pay to the plaintiff KRW 64,309,748 as well as 5% per annum from November 8, 2019 to February 9, 2021.
1. Under the underlying facts, facts are either not disputed between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1 through 6, 10, and 12 (including numbers), and the entire purport of the arguments by this Court against the Agency for Defense Development (Defendant).
A. On December 27, 2010, the Plaintiff was dispatched to the Defendant from around December 27, 2010 to the Defendant’s subcontractor, and performed the work of operating and managing a residential welfare facility (a dormitory and a accommodation for the head of the company) under the Defendant-affiliated B.
B. As above, the Plaintiff worked in the Defendant’s workplace, not in the Defendant’s employees, but in the subcontractor’s workplace. However, the Defendant directed and supervised the Plaintiff on his job placement, etc., and applied the Defendant’s employment rules, applied the Defendant’s work rules, and directly directed the Plaintiff on his leave, extension, and holiday work.
(c)
On August 5, 2019, the Plaintiff filed a petition with the Seogsan Branch of the Daejeon Regional Labor Agency for Labor Relations (hereinafter “Dispatch Act”) that the Defendant violated the Act on the Protection, etc. of Dispatched Workers (hereinafter “Dispatch Act”). On October 15, 2019, the said branch ordered the Defendant to rectify the violation of the Act by November 8, 2019, upon investigating the case of petition against the Defendant.
(d)
On November 8, 2019, the defendant issued a personnel order to appoint the plaintiff as a staff member of C Team (the name of the class and the name of the technical personnel of the Gu as of January 1, 2020) by making the plaintiff as the staff member of C Team 20 salary class (the name of the position and the name of the technical personnel).
2. Determination
A. 1) The former Dispatch Act (amended by Act No. 8076, Dec. 21, 2006; hereinafter the same) is the main text of Article 6(3) of the former Dispatch Act (amended by Act No. 8076, Dec. 21, 2006; hereinafter the same) and is deemed to employ a dispatched worker from the day following the expiry of the two-year period if the user company continues to employ a dispatched worker.
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