logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.09 2015나38872
퇴직금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The plaintiffs, who are employed by the defendant and retired from work under the defendant's specific direction and supervision. Thus, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs who are workers under the Labor Standards Act.

B. The defendant did not have any specific direction and supervision to the plaintiffs in the course of performing his duties.

Therefore, the plaintiffs cannot be regarded as workers under the Labor Standards Act.

2. Whether an employee is a worker under the relevant legal doctrine ought to be determined based on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace in substance rather than in the form of a contract. Determination of whether a dependent relationship exists ought to be made by comprehensively taking account of various economic and social conditions, such as the employer’s determination of the content of work and the existence of the employer’s continued provision of labor and the existence and degree of the exclusive employment relationship with the employer, whether the employer is bound by the rules of employment or the rules of service, whether the employer is capable of operating his/her business on his/her own account, whether the employer is able to own equipment, raw materials, work tools, etc., or to have a third party employed and act on behalf of the employer, etc., whether the employer has a risk, such as the creation of profit and loss by providing labor, whether the nature of remuneration is the subject of the labor, whether the basic wage or the fixed wage was determined, and whether the status of the employee is recognized under the statutes on social security system.

However, whether the basic wage or fixed wage has been determined, whether the income tax has been withheld, or not.

arrow