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(영문) 서울중앙지방법원 2016.04.01 2015가합546874
퇴직금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant company was entrusted by the Korea Electric Power Corporation with the purpose of checking electric meters, collecting charges, and cutting electricity systems.

The Plaintiffs concluded an entrustment contract with the Defendant Company (hereinafter “instant entrustment contract”) on each day indicated in the attached list B B(the date of concluding the entrustment contract”) and was commissioned as the principal agent on each day, and retired on July 31, 2012 after being converted to regular workers on each day specified in the same list(3).

[Grounds for recognition] Facts without dispute, Eul evidence 1-2, Eul evidence 1-5-1, Eul evidence 5-1, 5-1, 5-1, and 17, and the plaintiffs asserted in the purport of the whole pleadings were employed in the defendant company in the form of an entrustment contract. However, in fact, the defendant company determined the plaintiffs' duties, ordered and supervised the plaintiffs to the same extent as regular employees, conducted the same education as regular employees, conducted the same training as regular employees, and provided them with equipment necessary for performing their duties and duties.

In addition, the plaintiffs were bound to a certain extent for commuting time, and they must work in the office to perform their duties, and they are also prohibited from re-entrustment of their duties.

Therefore, the Plaintiffs constitute an employee under the Labor Standards Act who provided labor to the Defendant Company in relation to their employment-subsidiary relationship with the Defendant Company even before the full-time conversion, and thus, the Defendant Company is obligated to pay the Plaintiffs a retirement allowance under Article 34 of the Labor Standards Act and relevant statutes, which is calculated by the period from the date of concluding the entrustment contract to the date of retirement, and the remaining amount of retirement allowances paid after deducting

The plaintiffs of the defendant company are defendant company.

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