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(영문) 서울고등법원 2015.08.26 2014누73052
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Additional] The Plaintiff asserts to the effect that the consignment management contract entered into between the Intervenor and the Intervenor is in formality and that there exists an implied labor contract relationship between the Plaintiff and the Intervenor. In full view of the relationship between the Plaintiff and the Plaintiff and the instant company, the Plaintiff is merely a worker of the instant company that was entrusted with the management of the instant apartment based on the specific contents of the instant apartment management contract, and the intent of the Housing Act provisions, etc., the Plaintiff’s assertion that the Plaintiff is unfair. The Plaintiff is merely a worker of the instant company that was entrusted with the management of the instant apartment. The Plaintiff may exercise the supervisory authority over whether the Intervenor was entrusted with the management of the instant apartment, despite the fact that the Intervenor was partly involved in the management of the instant apartment and the payment of wages to the management office employees, etc., although it is recognized that the Intervenor was not entitled to deliberate on whether the Plaintiff faithfully and appropriately handle the delegated affairs. In light of the fact that the Plaintiff’s benefits, etc. are required to impose additional burden on the Plaintiff’s management office employees, etc., the Plaintiff’s assertion does not constitute a formal labor contract between the Plaintiff and the Intervenor.

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the first instance is just in conclusion.

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