2015Da253986 Action

A person shall be appointed.

Korea Ecuate Co., Ltd.

Busan District Court Decision 2015Na41982 Decided November 20, 2015

August 24, 2016

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

Recognizing the reasoning of the first instance judgment, the lower court determined that the Plaintiff cannot be deemed as having provided labor to the Defendant for the purpose of wages in a subordinate relationship, on the ground that the Plaintiff cannot be deemed as having received specific command and supervision from the Defendant in the course of performing his duties, and that even if the Defendant provided uniforms to the consignment or provided some of the premiums and reward fees for accumulated insurance, this is merely conducted in consideration of the encouragement of sales activities, and thus, it cannot be deemed as having received any instruction or control in the workplace.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on workers under the Labor Standards Act, or by exceeding the bounds of the principle

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kwon Soon-il

Justices Park Byung-hee

Justices Park Poe-young

Justices Kim Jae-han