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(영문) 대법원 2017.07.11 2015다62173

임금 등

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Based on the circumstances indicated in its reasoning, the lower court determined that the Defendant was liable for the payment of unpaid wages and retirement allowances to the Plaintiff on the ground that the Defendant concluded an employment contract with the Plaintiff with the identity and independence as an employer and dispatched the Plaintiff to the hospital as an nursing worker.

Examining the records in accordance with the relevant legal principles, the lower court’s judgment is justifiable.

In doing so, there is no error by misapprehending the legal principles on workers under the Labor Standards Act.

The precedents cited in the grounds of appeal are different from those cited in the grounds of appeal and are not appropriate to be invoked in this case.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

참조조문