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(영문) 서울남부지방법원 2016.06.24 2015가합4246
퇴직금
Text

1. The defendant has attached Form 2 with regard to each of the above money and each of the above money stated in the "retirement Allowance" column of attached Table 2 to the plaintiffs.

Reasons

1. The Defendant, based on the facts, was entrusted by the Korea Electric Power Corporation with the inspection of electric meters, the collection of charges, and the suspension of electric power, and the Plaintiffs concluded an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) and performed the duties, such as inspection, delivery, suspension, etc. during each service period stated in the attached Table 2 “service period” column.

[Ground of recognition] Facts without dispute, Eul 1, the purport of the whole argument

2. The parties' assertion

A. The Plaintiffs were employed by the Defendant in the form of the consignment contract, but in fact, the Defendant determined the terms and conditions of the Plaintiffs’ duties, directed and supervised the Plaintiffs to the same extent as regular employees, provided the same education as regular employees, unilaterally changed the employees’ workplace or work division, and provided equipment necessary for the work’s duties and work performance.

In addition, the plaintiffs were bound to a certain extent for commuting time, and they must work in the office to perform their duties, and they are also prohibited from re-entrustment of their duties.

Therefore, the plaintiffs constitute workers under the Labor Standards Act who provide labor to the defendant in a subordinate relationship with the defendant, and the defendant is obligated to pay retirement allowances to the plaintiffs under Article 34 of the Labor Standards Act and relevant statutes.

B. The Plaintiffs are individuals who entered into an entrustment contract with the Defendant, and do not constitute employees under the Labor Standards Act, since they did not provide the Defendant with labor in the subordinate relationship with the Defendant.

3. Whether the plaintiffs are workers or not

A. Fact-finding 1) The main contents of the instant consignment contract concluded between the Plaintiffs and the Defendant are as shown in Appendix 3.2) The contents of the work (such as the duty and form of work of the consignment agency) (the consignment agency including the Plaintiffs 1) (the inspection of the electrical measuring instruments, the delivery of the electric fare-related claim, and the payment of electric charges in accordance with the consignment contract.

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