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(영문) 서울고등법원 2016.10.21 2016나2025995
퇴직금 청구의 소
Text

1. Of the judgment of the first instance court, the part against the plaintiffs is modified as follows. A.

The defendant shall attach attached Form to the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the business of checking electric measuring instruments, the service of electric utility bills, etc., the termination of the electric utility charges, the re-supply of the overdue customers, etc.

B. The Plaintiffs concluded an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) on each day indicated in the attached retirement allowance calculation table “the date of conclusion of the entrustment contract”, and subsequently dismissed on July 31, 2012, following that the Plaintiffs were transferred to full-time workers on each day specified in the “date of full-time conversion” in the same table, while performing inspection, delivery, etc.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1 and 5 (including each number, including each number, and hereinafter referred to as "numbers") and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs, although they were employed by the Defendant in the form of consignment contract, fall under a worker under the Labor Standards Act who provided labor in subordinate relationship with the Defendant for the purpose of wages, and the Defendant is obligated to pay the difference between the Plaintiffs and the retirement allowances already received from the fixed period of time from the conclusion date of consignment contract to the retirement date, in accordance with the Guarantee of Workers' Retirement

B. Defendant 1) In light of the contents of the consignment contract concluded between the Plaintiffs and the Defendant and the independent autonomy in performing the Plaintiffs’ duties, the Plaintiffs at the time of their work as the Defendant’s consignment do not constitute workers who provided labor to the Defendant in subordinate relationship, and the Defendant does not have a duty to pay retirement allowances for the period from the date of concluding the consignment contract to the date of full-time conversion.

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