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(영문) 부산지방법원 2014.07.11 2013가합15701
보험설계사 지위확인 등
Text

1. Of the instant lawsuits, the part concerning the claim for confirmation of the status of the insurance solicitor shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 8,062,437.

Reasons

1. Basic facts

A. The Defendant is a company running the insurance business, and the Plaintiff was commissioned as an insurance solicitor (FC, Fincisciscisant, hereinafter “insurance solicitor”) of the Defendant company from February 5, 2002, and was engaged in the business of mediating the conclusion of insurance contracts on behalf of the Defendant at the Defendant Company B branch office.

B. The term of the contract for commission of insurance solicitors between the Plaintiff and the Defendant has been one year, and the Plaintiff has maintained the contract for commission of insurance solicitors by means of renewal whenever every one year elapses from February 5, 2002, who was commissioned as the Defendant’s insurance solicitor.

Accordingly, on January 5, 2012, the contract was concluded between the Plaintiff and the Defendant to commission the Plaintiff as an insurance solicitor of Defendant B’s branch (hereinafter “instant commissioning contract”).

The part relating to this case in the commission contract of this case is as follows.

Article 2 (Legal Status of Insurance Solicitors) (1) Insurance solicitors, as independent business operators, shall perform the duties entrusted by the Company under the commissioning Contract.

(c) The employment and employment relationship between the company and the insurance solicitor is not established, and the rules of employment and other regulations for the company's regular employees under the Labor Standards Act do not apply to the insurance solicitor.

Article 3 (Term of Contract) The term of contract between a company and an insurance solicitor shall be one year from the date of commission.

except where the company and insurance solicitor have notified the other party in writing one month prior to the expiration date of the contract that there is no intention to extend the contract, it shall be automatically renewed one year under the same conditions.

Article 13 (Termination of Contract) (1) An insurance solicitor may, at any time, request in writing the termination of a commissioning contract.

However, the effect shall be in accordance with the procedure for termination of the company.

(2) In any of the following cases, a company may terminate a commissioning contract with an insurance solicitor by written notification even during the period of commissioning contract:

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