logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.28 2016나2022569
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420

2. The grounds for this part of the parties’ assertion are the same as the relevant part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. Determination as to the assertion of implied labor contract relations 1) If a person employed by the plaintiff's employer and engaged in a third party's work at a third party's workplace, the plaintiff's employer is merely a formal and nominal relationship with the third party, such as the plaintiff's employer's absence of identity or independence. In fact, the defendant's employer is in a subordinate relationship with the third party, and the person who actually pays wages is a third party, and the party who provides labor is also a third party, so an implied labor contract relationship between the relevant defendant's employer and the third party shall be established (see, e.g., Supreme Court Decision 97Nu1946, Nov. 12, 199); the plaintiff provided employment assistance to the original defendant; the defendant provided a series of employment procedures to the plaintiff; the plaintiff's main contents of the labor contract in this case's employment conditions, such as the period of employment, benefits, etc.; and the plaintiff is not entitled to consultation with the plaintiff or the third party; and the plaintiff is not entitled to new employment conditions through consultation with the defendant's.

However, the above evidence, Gap evidence No. 30, Eul evidence No. 22, and the whole purport of the pleadings can be acknowledged as a whole.

arrow