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(영문) 서울동부지방법원 2015.11.26 2014가단126828
임금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A and B retired from office on the “N” operated by Defendant C, D, E, F, G, H, and I with the “O” operated by Defendant L, and the Plaintiff J retired from office on the part of the Defendant M& Co., Ltd. (hereinafter “Defendant M”) with their oral contribution or assistance. The time period is as follows.

Upon completion of the commencement of a company A/B N on April 1, 201, May 23, 201, 201: CO on February 1, 2012: DO on February 1, 2014, February 25, 2012; and DO on March 6, 2014, October 27, 2011, GO on March 7, 2011, on March 7, 2011, HOO on March 10, 2013, on March 10, 2011, on March 10, 2013, MOO on February 10, 2013, MOO on February 10, 2013, and on May 31, 2013, 201, respectively.

The Plaintiffs received money in proportion to the number of oral works from each company.

【Ground for recognition】 Unsatisf

2. The assertion and judgment

A. The Defendants asserted that the Defendants were employees in a substantive subordinate relationship with the Defendants, and accordingly, pursuant to Article 34 of the Labor Standards Act and Article 8(1) of the Act on the Guarantee of Workers' Retirement Benefits, the Defendants are obligated to pay retirement allowances when they retire. The Defendants asserted that the Plaintiffs did not provide labor to the Defendants in a subordinate relationship with the purpose of wages, and that they did not constitute employees, and that they did not pay retirement

B. In this case, we examine whether the plaintiffs are the defendants' workers.

In determining whether a worker is a worker, regardless of whether the form of contract is an employment contract under the Civil Act or a contract for work in substance, it shall be determined according to whether a worker provided work in a subordinate relationship with an employer for the purpose of wages at the business or workplace. In determining whether a subordinate relationship as mentioned above exists, the contents of work shall be determined by the employer, subject to the rules of employment or service regulations, and the employer shall also be specifically and individually directed from the employer in the course

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