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(영문) 서울중앙지방법원 2009.11.13 2008가합123693
근로자지위확인
Text

The plaintiffs confirm that they are the workers of the defendant.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. The following facts of the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in the evidence No. 1, No. 3-1 to No. 14-24, No. 19-1 to No. 20, No. 23-1, No. 9, 18, and No. 30.

The defendant is a company engaged in the manufacturing business of fertilizers, etc., and the affiliation of the plaintiff Gap and the plaintiff Eul is a worker who belongs to the continental enterprise corporation on February 1, 2008 (hereinafter referred to as "alternative landing enterprise") and the plaintiff Eul is an employee belonging to the promotion of male e-mail.

Plaintiff

A From June 9, 1997, from April 11, 1996 to Plaintiff B, and from January 17, 200, Plaintiff C served as a production worker at the Defendant Complex Fertilizer Team, which entered into a contract with a continental enterprise and South Korea (hereinafter collectively referred to as “foreign company”).

B. The non-party company entered into a collective agreement on wages and working conditions with the labor union in the company, employed new workers by giving public notice of employment under the name of the non-party company, and exercised its independent right to disciplinary action against its employees.

In addition, it has made independent business activities such as paying wages directly to the employees under his control, and paying withholding tax on earned income and conducting year-end settlement affairs independently, as well as purchasing four insurance in the name of each representative, and paying individual business income tax through individual business registration.

2. The parties' assertion

A. The plaintiffs asserted that they concluded a labor contract with the non-party company formally, but since the contract entered into between the defendant and the non-party company practically constitutes the worker dispatch contract, the defendant who is the using company pursuant to Article 6 (3) of the former Act on the Protection, etc. of Temporary Agency Workers (amended by Act No. 8076 of Dec. 21, 2006; hereinafter "former Dispatch Act") uses more than two years.

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