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(영문) 서울고등법원 2016.10.19 2016누43598
고용보험 피보험자격 불인정 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The reasoning for the statement in this case is as follows, and the reasoning for the judgment of the court of first instance is identical to that for the reasons for the judgment of the court of first instance, except for the addition or dismissal of some contents as follows. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act

B. The part added or used in addition to and after the second half of the judgment of the court of first instance shall be the following parts from 6 to 8:

On December 8, 2009, the non-party company submitted a report of the loss of the status of the employment insurance to the representative director on March 13, 2012, and accordingly, the non-party company lost the status of the plaintiff's employment insurance on December 8, 2009, retroactively to December 8, 2009.

The following shall be added to 4.5 pages of the first instance judgment:

Unless there are special circumstances, such as that the representative director of a corporation externally represents the company and has the authority to perform the business affairs of the company internally, the representative director of the corporation is merely a formal and explicit purpose, and thus, he/she provided labor under a specific individual direction and supervision from the actual manager and received remuneration for his/her own nature as the object of labor, it does not constitute an employee under the Labor Standards Act.

(see, e.g., Supreme Court Decisions 2009Du1440, Aug. 20, 2009; 2012Da98720, May 29, 2014). The following is added to the “facts” of the 4th 19th 19 written judgment.

According to the statement in Eul evidence No. 5, it is recognized that important items, such as "the relocation of the head office," "elections for the representative director or executive officer, etc. whose term of office expires," and "cases of partial modification of the articles of incorporation," have been dealt with by the general meeting of shareholders or the board of directors, which

In this regard, the plaintiff only cooperates with the plaintiff at the request of the non-party company, so it is disadvantageous to the judgment of the worker.

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