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(영문) 인천지방법원 2016.12.21 2016가단33270
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is an employee retired from the Defendant corporation’s service from January 1, 2003 to April 15, 2013. Thus, the Defendant is obligated to pay the Plaintiff the remainder of KRW 47,479,440, excluding the amount of KRW 47,479,440, which was already paid, out of the amount of KRW 51,479,440, which was calculated during the above service period.

2. Determination of whether the Plaintiff constitutes a worker under the Labor Standards Act, whether the form of the contract is an employment contract or a contract for work, depending on whether an employee provided labor in a subordinate relationship with the employer for the purpose of wages. Determination of whether a subordinate relationship exists should be made by taking into account the following factors: (a) whether the employer determines the content of work; (b) whether the employer is subject to the rules of employment or the rules of employment; (c) whether the employer designates working hours and working places; (d) whether the employee is subject to detention; (e) whether the employer is able to operate his/her business on his/her own account; (e) whether the employer owns equipment, raw materials, working tools, etc.; and (e) whether the employer is able to perform his/her business on his/her own account; (e) whether the risks, such as the creation of profits from the provision of labor; (e) whether the nature of remuneration was the subject of employment; and (e) whether the continued provision of labor relations and the degree and degree of exclusive employment to the employer; and (e) whether the social security system is recognized.

However, the circumstances such as whether the basic wage or fixed wage was determined, whether the labor income tax was withheld, and whether it was recognized as an employee on the social security system, etc. are economically superior.

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