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(영문) 대법원 2010. 08. 19. 선고 2010두8881 판결

독립된 사업자가 아니라 공사현장의 작업반장에 불과하다는 주장의 당부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu7914 (Law No. 16, 2010)

Case Number of the previous trial

Seoul Administrative Court 2007Guhap4504 ( October 23, 2009)

Title

The legitimacy of the assertion that it is merely a working party at the construction site rather than an independent business operator;

Summary

It is reasonable to view the construction cost as the subcontractor who entered into a labor subcontract agreement as the receipt of a promissory note, and there is no data that can be viewed as an employee employed by the non-party company, such as entering into a labor contract or

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by the assent