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(영문) 서울중앙지방법원 2012.02.29 2010가단372323
퇴직금
Text

1. The Defendant’s KRW 23,373,756 for the Plaintiff and KRW 5% per annum from November 1, 2007 to September 20, 2010.

Reasons

1. The defendant's basic facts are a company for the purpose of acting as a collection agent, checking of measuring instruments, etc., and performing duties, which is entrusted by the Korea Electric Power Corporation with the inspection of electric meters, collection of charges, and electric power systems;

On November 7, 1998, the Plaintiff entered into an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) and was commissioned as an entrusted member of the Gangseo branch, and performed inspection, service, etc. as well as the operation of a short circuit from June 1, 1999.

On October 31, 2007, dismissal was made.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff entered into the instant consignment contract, the Plaintiff’s provision of labor to the Defendant in subordinate relationship, such as performing duties under specific direction and supervision by the Defendant, constitutes a worker prescribed by the Labor Standards Act.

Therefore, the Defendant is obligated to pay the Plaintiff retirement allowance under Article 34 of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

B. The instant consignment contract is not a labor contract, but a consignment contract, and the Plaintiff does not constitute a worker under the Labor Standards Act, such as where the Plaintiff was under the direction and supervision of specific business affairs by the Defendant. Therefore, the Defendant is not obligated to pay retirement allowances.

3. Determination

A. (1) The facts of recognition (1) The main contents of the instant consignment contract [the General Provisions] the Defendant (hereinafter “A”) and the Plaintiff (hereinafter “B”) shall be implemented on the basis of the principle of good faith and sincerity with respect to the services contract as stipulated in the consignment contract.

2(Scope of Services) Inspection of electric meters, service of written requests, service of automatic transfer receipts, confirmation of the number of households per house and termination and construction of charges in arrears, TV resources and services incidental thereto

(c)Article 3 (Terms and Conditions of Services) “B” shall be entrusted as provided for in “A”;

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