logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.04.18 2018나25649
임금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The grounds for the plaintiff's assertion in the trial of the court of first instance while filing an appeal are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion is justified even if the evidence submitted in the court of first instance and the statement in the evidence No. 14-1 and No. 14-2 submitted in the trial of the court of

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in Paragraph 2 below with respect to the conjunctive claim added by the plaintiff at the trial. Thus, this court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The decision on additional claims (the decision on the preliminary claims)

A. The Plaintiff’s assertion 1) The Defendant dismissed the Plaintiff as an employee under the Labor Standards Act on July 20, 2017 without justifiable grounds. The above dismissal is null and void. 2) The Defendant’s assertion is in a delegation relationship with the Defendant. Accordingly, the Plaintiff did not constitute the Defendant’s employee on the ground that the Plaintiff had an independent authority to conduct business activities without subjecting the Defendant to command and supervise the performance of his/her duties.

B. Determination 1) Whether the Plaintiff constitutes a worker under the relevant legal doctrine ought to be determined based on whether a worker provided labor in a subordinate relationship for the purpose of wages in substance regardless of the form of a contract. In determining whether a subordinate relationship exists, the content of the work is determined by the employer, whether the worker is subject to the rules of employment, service rules, and personnel regulations, whether the worker is subject to considerable direction and supervision in the course of performing the work, and whether the remuneration is the subject of the work itself.

arrow