근로자지위 확인 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
In the first instance court, the plaintiffs sought the confirmation of whether they are the employees employed by the plaintiffs as the primary claim against the defendant and the payment of unpaid wages. The court of first instance dismissed the primary claim and accepted the conjunctive claim.
Since the defendant appealed only against this, this Court decides only the conjunctive claim.
Basic Facts
The defendant entered into an agreement with the Military Police Station on May 2008 to operate the Integrated Control Center on CCTV for Crime Prevention established in areas vulnerable to crime:
Article 1(Purpose)The Convention aims to clarify the subject of management and operation in managing and operating CCTV for crime prevention and the facilities, equipment, etc. of the Integrated Control Center.
Article 2 (Definitions of Terms) The definitions of terms used in this Convention shall be as follows:
(1) CCTV means a closed-circuit system for crime prevention that is installed in an area vulnerable to crime in which Gap and Eul (Defendant) are located in consultation with each other.
2. The term "Integrated Control Center" means Geumpo-dong 847-2 Dongpo-dong 504 (5 floors, 262.35 square meters in size, hereinafter referred to as "the Control Center of this case").
The ownership of CCTV for crime prevention established in an area vulnerable to crime in Article 4 (Ownership) is against A (Defendant).
Article 6 (Operation of CCTV) (1) The operation of CCTV shall be operated in accordance with the operation guidelines (hereinafter referred to as the "operation guidelines") prepared by B (Military Military Police Station) by designating an operating officer under the responsibility of B (Military Military Police Station).
Article 7 (Bearing Expenses) In principle, costs incurred in the management, maintenance and repair of CCTV shall be borne by A (Defendant).
Provided, That in cases of damage, breakdown, etc. caused by intention during operation, Dong (Military Police Station) shall be responsible for and shall be restored to its original state.
Article 9 (Ownership).