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(영문) 광주고등법원 2019.11.20 2019나20527
부당이득금
Text

1. Of the judgment of the court of first instance, the part against Plaintiff W, which constitutes the following amount of order for payment, shall be revoked.

Reasons

1. Basic facts

A. The defendant, as a company established for the purpose of manufacturing and selling different products, entered into a business contract (hereinafter "the contract of this case") with several companies employing the plaintiffs. The plaintiffs, as belonging to each of the above various companies, provide labor at the defendant's factory located in Gwangju Mine-gu AC and the Jeonnam-gun AD (hereinafter "Gwansung-gu factory") in Gwangju Mine-gu, and are employed as new employees of the defendant for four times (as of March 5, 2004; April 29, 2004; September 21, 2004; July 3, 2006).

B. The defendant's new employees employed 1) The defendant's non-regular labor union is the defendant's representative director to the Gwangju Regional Labor Office on November 26, 2003 (amended by Act No. 8076 of Dec. 21, 2006) of the former Act on the Protection, etc. of Dispatched Workers (hereinafter "former Dispatch Act").

(2) On January 29, 2004, the Gwangju Regional Labor Agency filed a petition on the ground of the violation of the Act, and on January 27, 2004, after completing an investigation into the said petition case, on the ground that “the external form of a contract is taken with respect to 118 workers of a contractor providing labor at the Defendant’s factory, but the actual status of performing their duties was in violation of the former Dispatch Act,” the Defendant issued a corrective order to correct the violation and withdraw measures, such as direct employment of the relevant worker,” and filed a complaint with the investigation agency against the Defendant. Accordingly, on March 5, 2004, the Defendant hired 52 temporary agency workers, including the Plaintiffs (Plaintiffs A, D, E, I, J, K, N, and R), as new employees, according to an agreement with the AE organization delegated by the Defendant’s non-regular workers by the Defendant’s labor union.

The defendant is between the AE organization on June 24, 2004.

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