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(영문) 서울고등법원 2017.07.07 2017나2010952
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. The basic facts;

2. The grounds for this part of the plaintiffs' assertion are as stated in the corresponding part of the judgment of the first instance (Article 1 and 2), except for the addition of the following to the seventh fifteenth order of the judgment of the first instance. Thus, this part of the plaintiffs' assertion is cited in accordance with the main sentence of Article 420 of the Civil Procedure

9. “A” may terminate the contract without delay in any of the following cases, including termination of the contract for Party A. (i) Where a considerable number of productions supplied by Party B fails to meet the specifications and inspection standards set forth by Party A and thus making it difficult for Party A to produce finished products or delay in the manufacture of finished products and causing property damage to Party A: (ii) Where Party B intentionally or by gross negligence causes property damage to Party A due to delay in the supply of finished products; and (iii) Where Party B dies or becomes impracticable to supply them due to an injury or disease of Party B.”

3. Whether the plaintiffs were the employees of the defendant company

A. Determination as to whether a person is a worker under the relevant legal doctrine ought to be made according to whether a contract is an employment contract or a delegation contract, and whether a labor provider has provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace.

In this context, whether an employer has a subordinate relationship with one another shall be determined by the rules of employment or service regulations. Whether an employer is subject to considerable direction and supervision in the course of performing his/her duties, ② whether an employer designates working hours and working places and is bound by the employer, ③ whether an employee can operate his/her business on his/her own account, such as holding equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, ④ whether the employee has a risk, such as the creation of profit and the occurrence of loss through the provision of employment, ⑤ whether the nature of remuneration is the subject of his/her own work.

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