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(영문) 수원지방법원성남지원 2019.04.24 2018가단223138

퇴직금 청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant (Before the change on July 1, 2013: Company E) is a company with the purpose of manufacturing, importing, selling, etc. in Korea of Skiwawa, Teswa, golfware, and other active sportsware.

B. The Plaintiffs entered into each interim management contract with the Defendant on the sales of the Defendant’s production clothes ( brand name: F) in the department store (the main contents of the interim management contract are as shown in the attached Form), and registered the business as follows.

On January 31, 2015, the date of commencement of the Plaintiff’s business, 1 A, where the Plaintiff’s business is at the end date of commencement of the business, and on March 1, 2015, 2015, the respective entries in G department stores G department stores B B B B B B 2, 2012, and the purport of the entire pleadings, as a whole, on July 13, 2015, H department stores C C C C 3 C 2, 2012, October 1, 2015 / [Grounds for recognition] A 1 through 3 (including branch numbers; hereinafter the same shall apply) respectively, and the purport of the whole pleadings.

2. The main point of the Plaintiffs’ assertion is not only subordinate to the business form under each intermediate management contract between the Plaintiffs and the Defendant (hereinafter “instant intermediate management contract”), but also the Defendant managed the Plaintiffs’ working place and working hours, and the Plaintiffs cannot be deemed to have operated their duties on their own account as their own account. Thus, the Plaintiffs constitute workers who provided their labor to the Defendant.

Therefore, the defendant is liable to pay retirement allowances to each of the plaintiffs.

3. Determination

A. In determining whether a worker is a worker under the relevant legal doctrine, regardless of whether the contract form is an employment contract under the Civil Act or a contract for work, it shall be determined according to whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages at the business or workplace. In determining whether a subordinate relationship as mentioned above exists, the content of the work shall be determined by the employer and shall be subject to the rules of employment or the rules of employment.

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