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1. The Defendant: (a) KRW 15,823,920 to Plaintiff A; (b) KRW 13,440,000 to Plaintiff B; and (c) from August 15, 2012 to each of the said money.
Reasons
1. The Defendant, a company established for the purpose of inspection agency business, etc., was entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the service of electric meter inspection, service of a written claim, etc. related to the charges, and termination, execution, resupply, etc. for the customers in arrears of electric charges.
The Plaintiffs were ordered to be suspended from office on March 26, 2012 when concluding a delegation contract with the Defendant (hereinafter “instant delegation contract”) on the first day of each service period indicated in the separate sheet of calculation of retirement allowances. The Plaintiffs were ordered to be suspended from office after being dismissed on March 26, 2012. The employment contract was terminated on July 31, 2012.
[Reasons for Recognition] Unsatisfy, Eul's entry in the evidence 1-7 and 8, the purport of the whole pleadings
2. The parties' assertion
A. Although the plaintiffs joined the defendant in the form of delegation contract, they provided the defendant with labor in the employment-subsidiary relationship, such as performing their duties under specific command and supervision by the defendant.
Therefore, the Plaintiffs constitute workers under the Labor Standards Act, and the Defendant is obligated to pay retirement allowances to the Plaintiffs under the Labor Standards Act and relevant statutes.
B. The Defendant Plaintiffs cannot be deemed as “worker” subject to the application of the Labor Standards Act as those who concluded a delegation contract with the Defendant.
In addition, since the plaintiffs were dismissed on March 26, 2012 and served as a member of the suspension from office after the dismissal, the three-year extinctive prescription has elapsed from the date of such dismissal.
From April 1, 2012, the plaintiffs worked as the defendant's suspended personnel.
Even if the continuous service period is less than one year, there is no obligation to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act.
3. Determination
A. Whether a person constitutes a worker under the relevant legal doctrine is an employment contract or a contract for employment, and in substance, a labor provider’s subordinate relationship for the purpose of wages at a business or workplace.