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(영문) 서울중앙지방법원 2014.05.23 2013가합39631 (1)
해촉무효확인 등
Text

1. The part concerning the claim for nullification of the dismissal among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant is a company running the life insurance business, etc., and the Plaintiff entered into a commission contract with the Defendant (FC) on August 5, 2000 with the insurance solicitor (FC) (hereinafter collectively referred to as the “instant commission contract”) and worked as an insurance solicitor belonging to the Defendant by combining both the first commission contract and the automatically renewed commission contract each year.

The contents of the instant commission agreement relating to the instant case are as follows.

(The following content is based on a renewed commissioning Contract on August 1, 201). Article 2 (FC’s Legal Status)

1.The FC shall, as an independent businessman, carry out the business entrusted by the Company under a commissioning contract;

2. The employment and employment relationship between the company and the FC is not established, and the rules of employment and other regulations for the full-time members of the company under the Labor Standards Act do not apply to FC.

Article 3 (Term of Contract) The term of commissioning contract between a company and FC shall be one year from the date of commissioning.

However, it shall be deemed that the company and the FC automatically renew the contract once a year under the same conditions, except where it notifies the other party in writing one month prior to the expiration date of the contract that there is no intention to extend the contract.

Article 4 (Entrusted Business) Business affairs entrusted by a company to the FC shall be as follows:

1. Mediation of conclusion of insurance contracts;

2. Obligations to maintain and manage insurance contracts;

3. Business incidental to the brokerage of conclusion of insurance contracts, such as the delivery of insurance subscription forms, insurance policy, etc.;

4. The duties closely related to such duties as set forth above.

5. Additional entrusted duties by a request or consent of the FC other than those mentioned above. Article 6 (Insurance Solicitation Fee)

1. A company shall pay insurance solicitation fees to the FC within a fixed date under the Guidelines for the Payment of Commissions set by the company;

Article 9 (Prohibition of Unfair Acts against FC) Company shall not engage in any of the following unfair acts against FC:

3. Summary of termination;

§ 11. Termination of a commissioning contract for reasons other than cases.

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