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(영문) 서울고등법원 2017.02.08 2016나2003551

임금등

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1. The appeal by the plaintiff X and DT shall be dismissed, respectively.

2. All of the plaintiffs' appeals except the plaintiffs X and DT.

Reasons

1. Basic facts

A. 1) The Defendant entered into a security service contract with the United States of America on September 7, 2012 and provided security services to the US Armed Forces unit from November 8, 2012 to January 7, 2016, as follows: (i) the Plaintiffs from November 1, 2012 to November 2015 (However, from November 2, 2012 to June 201, 2015, Plaintiff AR and Q were retired from each company (from the USF unit located in Yongsan-gu, Yongsan-gu, Dongcheon-si, and Busan), and the rest of the Plaintiffs were to perform security services as general members.

B. 1) The United States concluded a security service contract with a company selected as qualified through a competitive bid, and had the relevant company take charge of the security services, etc. of the first usfk located in each area of the United States Armed Forces located across the country, including Yongsan-gu, Yongsan-gu, and Busan (hereinafter referred to as “the contracting party”) (hereinafter referred to as “usfk” as the parties are for convenience.

2) Accordingly, from September 2006 to November 201, 201, the K4S Co., Ltd. (hereinafter “G4S”) (hereinafter “G4S”), which is a security company in the UK.

) Upon entering into a security service contract with the United States Armed Forces in Korea, some workers belonging to the said company refused to provide labor due to the occurrence of conflicts between the labor and management regarding the terms and conditions of employment, such as wages, during the performance of security service.

Accordingly, the USF terminated the security service contract with G4S and announced a tender for the selection of a new service company on April 2012. As a result, the Defendant awarded a contract to a service company and entered into a security service contract between the Defendant and USF on September 7, 2012 (hereinafter “instant security service contract”).

(c)Preparation of the first employment contract 1.