해고무효확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that he/she was employed by the Defendant on October 10, 2017, and was given work instructions from the Defendant at fixed working hours and working places, and was dismissed on May 16, 2018 upon receipt of the Defendant’s unilateral notice of dismissal on May 9, 2018.
The dismissal of the Defendant against the Plaintiff on May 16, 2018 is null and void. Accordingly, the Defendant is obligated to pay the Plaintiff monthly salary and its delay damages.
2. Determination
A. Whether a worker is a worker under the relevant legal doctrine ought to be determined in accordance with whether a contract form is an employment contract or a contract for employment, and whether an employee in substance provided labor to an employer for the purpose of wages in a business or workplace.
In this context, whether an employer has a subordinate relationship with each other shall be determined by comprehensively taking into account various economic and social conditions, such as determining the content of work, whether the employer is subject to the rules of employment or service regulations, whether the employer is subject to considerable direction and supervision in the course of performing work, whether the employer is designated working hours and place of work, and whether the employer is bound by the employer, whether the employer is able to operate his/her business on his/her own account, whether the employer is able to own equipment, raw materials, working tools, etc. or have a third party employ and act on behalf of him/her, whether the employer has a risk, such as creation of profits and losses through the provision of labor, whether the nature of remuneration is the subject of work, whether the basic pay or fixed wage has been determined, whether the employer is exclusive to the employer, and whether the status of an employee under the social security system is recognized
(See Supreme Court Decision 2004Da29736 Decided December 7, 2006, etc.). B.
Whether the Plaintiff constitutes a worker.