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1. The defendant,
A. As to KRW 100,408,433 out of KRW 115,07,163 and the above money to Plaintiff A, the period from September 3, 2011 to KRW 3.
Reasons
1. Basic facts
A. The Defendant is a company that employs approximately 460 full-time workers ( approximately 700 workers if the employees, etc. of the non-party company deemed below are included) and carries on the manufacturing business of fertilizers, etc.
B. The Plaintiffs’ labor contract relations are as follows.
1) Plaintiff A shall be E Co., Ltd. (hereinafter “E”) on June 9, 1997
2) On March 1, 2001, the Plaintiff F Co., Ltd. (hereinafter “F”) entered the Republic of Korea.
(2) The plaintiff B entered E on April 11, 1996 and the affiliation was changed to F on March 1, 2001.
3) Plaintiff C was employed as E on January 17, 200, and the affiliation was changed to F on June 1, 2007, and its affiliation was changed to E again on February 1, 2008. 4) At the time of the above change of affiliation, Plaintiff C decided to succeed to the Plaintiffs’ wage and overall working conditions as they were as they were by the changed company. Plaintiff A was from June 9, 1997, Plaintiff B was from January 11, 1996, Plaintiff C was employed as a production worker at the Defendant’s composite fertilizer plant, which entered into a contract with Plaintiff C from January 17, 2000 to E and F (hereinafter collectively referred to as “foreign company”).
C. The non-party company entered into a collective agreement on wages and working conditions with the labor union in the company, employed new workers by giving public notice of employment under the name of the non-party company, and exercised its independent right to disciplinary action against his/her employees.
In addition, the non-party company paid wages directly to its employees, and carried out its own business activities such as paying withholding tax on earned income and making year-end settlement by itself, and purchasing four insurance in the name of each representative and paying individual business income tax. D.
The plaintiffs filed a petition against the defendant on February 21, 2008 against the Gwangju Regional Labor Office for illegal dispatch, and on December 9, 2008, the Seoul Central District Court 2008Gahap123693 against the defendant.