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(영문) 서울중앙지방법원 2019.05.23 2018가합551051
퇴직금 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. Defendant J (hereinafter “Defendant J”) was established on January 4, 2002, and Defendant I (hereinafter “Defendant I”) was established on July 18, 2013 and operated “I” (hereinafter “Defendant J and Defendant I”) viewing and Gangnaming points (as Defendant J are separate corporations, but they are in the same position as the relationship between the Plaintiffs, hereinafter “Defendant J and Defendant I”).

Plaintiff

The rest of the Plaintiffs except H entered the Plaintiff’s membership date and retirement date “the date of entry” in the separate sheet was entered into with the Defendants as a mandatory delegation contract (hereinafter “each of the instant mandatory delegation contracts”) from each date indicated in the separate sheet, and the Defendants worked as a Chinese language instructor at the viewing point or Gangnam point of the instant fish driving school by each of the respective dates indicated in the same table.

Although the mandatory delegation contract prepared by the above plaintiffs with the defendants is somewhat different, it is generally identical to the contents. The specific contents are as follows.

The purpose of this contract is to delegate the lectures of the students to the instructors by the company, and the instructors are to prescribe the rights, obligations and other details necessary for the lectures to the students.

Article 3 (Status of Instructors) (1) An instructor shall enter into a contract on the lectures of students in an independent capacity, not in an employment relationship with a company, and shall be a free vocational income earner who receives tuition fees for the lectures of students, and shall have the status of a joint business proprietor for the relevant courses.

(2) Instructors shall not be subject to the provisions of service by company regulations and all other related regulations.

(3) Every instructor may give lectures to other institutions, except the Chinese Language Institute in competition with the company.

Article 4 (Obligations of Instructors) (1) Instructors shall faithfully teach delegated courses.

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