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(영문) 서울고등법원 2017.06.21 2017나2002128
퇴직금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set up the annexed retirement allowance calculation sheet to the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the business of checking electric measuring instruments, the service of electric utility bills, etc., the termination of the electric utility charges, the re-supply of the overdue customers, etc.

B. The Plaintiffs concluded an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) on each day indicated in the attached retirement allowance calculation table “the date of conclusion of the entrustment contract”, and subsequently dismissed on July 31, 2012, following that the Plaintiffs were transferred to full-time workers on each day specified in the “date of full-time conversion” in the same table, while performing inspection, delivery, etc.

[Reasons for Recognition] Facts without dispute, Eul evidence 2-1 through 12, Eul evidence 5-1 through 5, Eul evidence 7-1 through 7, Eul evidence 9-1 through 12, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs, although they were employed by the Defendant in the form of consignment contract, fall under a worker under the Labor Standards Act who provided labor in subordinate relationship with the Defendant for the purpose of wages, and the Defendant is obligated to pay the difference between the Plaintiffs and the retirement allowances already received from the fixed period of time from the conclusion date of consignment contract to the retirement date, in accordance with the Guarantee of Workers' Retirement

B. In light of the contents of the consignment contract concluded between the plaintiffs and the defendant and the independence of the plaintiffs' performance of their duties, the plaintiffs at the time of the defendant's consignment do not constitute workers who provided labor to the defendant in subordinate relationship. Thus, the defendant is not obligated to pay retirement allowances to the plaintiffs during the period from the conclusion date of the consignment contract to the day before the full-time conversion. 2) Even if the plaintiffs are workers under the Labor Standards Act, they are free will

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