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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff completed the Judicial Research and Training Institute C, and worked as a representative attorney-at-law from April 23, 2012 to February 7, 2014 by the Defendant as a representative attorney-at-law.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence No. 3, purport of the whole pleadings
2. The parties' assertion
A. In light of the Plaintiff’s assertion, the Plaintiff was employed by the Defendant and provided labor from April 23, 2012 to February 7, 2014, and the Defendant is obligated to pay the Plaintiff a retirement allowance of KRW 7,000,000 under the Guarantee of Workers’ Retirement Benefits Act and delay damages.
Preliminaryly, even if D employs the Plaintiff, if D does not pay the Plaintiff a retirement allowance, the representative who was authorized to pay the retirement allowance at the time 14 days have passed from the date when the cause for payment of the retirement allowance occurred, and the Defendant is liable to compensate the Plaintiff for the damages equivalent to the amount of the retirement allowance due to the above tort. Therefore, the Defendant is obliged to pay the Plaintiff the amount of 7,00,000 won and damages for delay.
B. The Defendant’s assertion is not an attorney-at-law employed by the Defendant, but an attorney-at-law employed by D, and thus, a claim for retirement allowance against the Defendant, who is not a law firm
3. Facts of recognition;
A. (1) The defendant and E completed business registration with the trade name of "law firm D" on March 21, 2005, and established D on April 4, 2005, and they registered them as the representative attorney-at-law of the law firm.
(2) The Defendant and E accepted each case regarding the litigation affairs, and the fees for the accepted case was operated as a separate accounting system with the revenue of the attorney-at-law who accepted the case, not the revenue of the law firm.
For this purpose, the defendant and E have installed and used the office director and the staff, and the facilities, such as telephone and facsimile, respectively.