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(영문) 수원지방법원 2019.06.20 2018나84348
퇴직금 청구의 소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420

2. The grounds for this part of the argument and judgment are as follows: (a) the reasoning of the first instance judgment is the same as that of the first instance judgment, except where the 4th 12 to 5th 9 pages of the judgment of the first instance are used as follows; and (b) such reasoning is cited in accordance with the main sentence of Article 420

An abbreviationd name established in the judgment of the first instance is also used below the same.

[However, according to the following circumstances, it is difficult to view that the aforementioned facts alone constitute a worker who provided labor to the defendant in a subordinate relationship for the purpose of wages, based on the evidence Nos. 1 through 6 (the statement including the serial number, and the testimony of the witness H of the court of first instance that can be known by adding the whole purport of the pleading to the testimony

① The Plaintiffs reported interview to H. The number of wages for them was determined through a meeting of parents of the stable parents, and there was no labor contract between the Plaintiffs and the Defendant, and there is no circumstance to deem that the Defendant participated in the employment of the Plaintiffs.

② Since 2008, the Ministry of Education has been required to incorporate and operate the finances of all schools since 2008 as the expenses incurred in operating the sports team in the G High School was appropriated for membership fees paid by the parents of the sports team in the sports team in the school without school support. The G High School received the membership fees of the parents of the sports team in the name of the school and received them from the head of the Tong separately opened in the name of the school, and paid the membership fees after preparing a written resolution for expenditure of the school account. However, it seems that only the disbursement was made at the request of H and the president of the parents, and there was no instruction on the amount of the membership fees, the place of use, etc.

③ The plaintiffs shall perform their specific duties under the direction and supervision of H.

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