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(영문) 서울남부지방법원 2017.04.14 2016가합100356
고용의무이행 등
Text

1. The defendant shall express his/her intention of employment to the plaintiffs.

2. The defendant,

A. The plaintiff A is 65,126,590 won and .

Reasons

1. Basic facts

A. The Defendant, a juristic person established by E Act for the purpose of supplying and managing major industrial capital, entered into a vehicle operation service contract with the head office and domestic sales store employees of the Defendant bank, the head office of the Defendant bank, and the domestic sales store in 2007 (hereinafter “F”), entered into an extension contract with the head office of the Defendant bank, and entrusted the operation of the Defendant by entering into an extension contract, or entering into an extension contract with the same contents as the service contract.

(hereinafter referred to as “instant service contract”). The Plaintiff’s title-based departure from the Plaintiff’s name-based departure from the office, A on February 7, 2012, A 1 A on January 31, 2016, 201, 2B B B on July 31, 2016, the head office 3 C C C on April 30, 201, on December 30, 201, 201.

B. The Plaintiffs concluded each employment contract with F, and performed driving duties as an employee of the Defendant’s executive officers, and the specific date of employment, the date of retirement, and the place of work are as follows.

(However, Plaintiff C entered the F on December 1, 201, and resigned on January 24, 2014, and re-entered on June 3, 2014). 【Ground for Recognition” (Ground for Recognition) without any dispute, and the purport of the entire pleadings, as well as the purport of the entire pleadings.

2. Summary of the parties' arguments;

A. The plaintiffs' assertion 1) The plaintiffs claiming employment declaration concluded a labor contract with F and the defendant, and provided the service to the defendant pursuant to the instant service contract concluded between F and F, but its substance constitutes the dispatch of workers. The defendant who is the user company continues to use the temporary agency worker for more than two years, and the defendant used the temporary agency worker as prescribed by the Act on the Protection, etc. of Temporary Agency Workers (hereinafter "Dispatch Act").

In accordance with Article 6-2 (1) 3, the defendant is obligated to directly employ the plaintiffs when two years have elapsed from the date of each entry of the plaintiffs.

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