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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 7,341,952 and KRW 5,002,402 among them.
Reasons
1. Basic facts
A. The defendant is a social welfare foundation for the establishment and operation of a social welfare center.
B. On July 2, 2008, the Defendant entered into a nursing service contract (hereinafter “instant nursing service contract”) with the hospital specializing in the elderly in Chungcheong-do, Chungcheongnam-do (Seoul-do) operated by the Cheongnam-do Medical Center (hereinafter “instant hospital”). The Defendant supplied nursing workers to the instant hospital, and received nursing expenses from the instant hospital (hereinafter “instant nursing service contract”), and the details thereof are as follows.
Article 3 (Contract Amount and Payment Method) (3) The calculation of nursing expenses shall be made by the instant hospital on a monthly basis by directly claiming to the patient’s guardian and directly remitting to the Defendant’s bank account.
Article 4 (Working Conditions) (1) Hours: 24 hours in principle.
(2) Holidays and vacations: The defendant may grant workers holidays and vacations, but where the number of employees working therefor is deficient, a substitute shall be made.
(3) The nursing fees of a worker shall be borne and paid by the defendant.
Article 5 (Appointment of Person in Charge of Management) For the supervision, guidance, education, settlement of grievances, etc. of nursing personnel, the defendant shall appoint a person in charge of management and notify the hospital of this case.
Article 6 (Fidelity Guarantee and Liability for Compensation) The defendant shall guarantee the identity of a nursing worker, and where the defendant inflicts damage on the property, etc. of the hospital of this case by intention or negligence during his/her duties, the defendant shall be liable
Article 7 (Observance of Provisions, etc.) The defendant shall observe the regulations and rules of the hospital of this case and conduct prior education on safety accidents of the worker in performing nursing duties.
Article 8 (Liability for Accidents) The defendant shall be responsible for all safety accidents that occur while working on the part of the contractor.
C. The Plaintiff is employed by the Defendant on August 2, 2009, and works as nursing staff at the instant hospital from August 2, 2009 to November 30, 2010.