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(영문) 서울중앙지방법원 2015.10.22 2015가합17192
계약관계존속확인 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On February 2, 1989, the Defendant: (a) granted to the Plaintiff a letter of commission that the Plaintiff is commissioned as full-time professor of the Defendant’s General Training Institute; and (b) thereafter there was no legal act that terminates the employment relationship between the Plaintiff and the Defendant; (c) thus, there still exists an employment relationship as a full-time professor between the Plaintiff and the Defendant. Nevertheless, the Defendant still claims confirmation as to whether the Plaintiff is treated as other part-time lecturers. (b) In the event that the employment relationship between the Plaintiff and the Defendant is terminated, the Defendant is deemed as retirement allowance for the period from 1989 to 27 years x KRW 134,440,648 [30,00 won for the Plaintiff’s average wage for 2,536,616 [30,000 won for the Plaintiff’s monthly wage for 200 to 2000, KRW 474,591,000 for the Plaintiff for 15 years x 236,1666 months for the Plaintiff’s.

B. Defendant 1 did not conclude an employment contract with the Plaintiff. Thus, the Plaintiff’s primary claim based on this premise is without merit. 2) The Defendant is not the Defendant’s employee, and the Defendant did not have an obligation to pay the Plaintiff a retirement allowance, and the Defendant did not agree to pay the Plaintiff a teaching research allowance and the Plaintiff’s fee. Therefore,

2. The oral proceedings are all set forth in the evidence No. 1, No. 15, No. 93 as to the primary claim.

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