2014 Doz. 21646 Doz. 2014

(b) cancellation.

A Stock Company

The head of the Seoul Regional Employment and Labor Office Seoul East Site

December 24, 2015

January 21, 2016

1. On November 18, 2013, the part regarding B, C, D, E, F, G, and H among the disposition that the Defendant rendered to the Plaintiff on November 18, 2013 that was not recognized as the acquisition or loss of insured status by the Defendant.

2. The plaintiff's remaining claims are dismissed.

3. 8/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder shall be borne by the Defendant.

On November 18, 2013, the Defendant’s disposition revoking the acquisition or loss of insured status of employment insurance against the Plaintiff is revoked.

1. Details of the instant disposition

A. On August 13, 2013, the Plaintiff requested the Defendant to delete the history of insured status of 18 persons, including I registered as the insured of the Plaintiff’s place of business (hereinafter “the first request for correction”).

On August 19, 2013, the defendant, except J, who received unemployment benefits, was removed from the source of the insured status of employment insurance for 17 persons.

B. On August 28, 2013, the Plaintiff requested to delete the history of insured status of 31, including K, which was registered as the insured with the Plaintiff’s employment insurance company at the Plaintiff’s workplace (hereinafter “the second request for correction”).

C. On November 18, 2013, the defendant notified the plaintiff on November 18, 2013 that the insured status of the employment insurance was recognized by the first correction request and the second correction request of 14 among 17 persons, including I, for whom the insured status was deleted (hereinafter referred to as "the instant disposition"). The 45 workers who were recognized the insured status of the employment insurance by the instant disposition (i.e., 14 persons related to the first correction request + 31 persons related to the second correction request; hereinafter referred to as "the instant workers") are as shown in the separate worker list. [Grounds for recognition] There is no dispute; Gap evidence No. 1, Eul evidence No. 1, and 2; and the purport of the whole arguments and arguments as to whether the instant disposition is legitimate;

A. The plaintiff's assertion

L acquired the shares and managerial rights of the Plaintiff Company from the Plaintiff representative director in the name of M, and registered the instant workers who belong to the Plaintiff Company, including the Plaintiff Company’s official seal and M representative seal by forging an employment contract, thereby forging the written labor contract. Therefore, the Defendant’s disposition that recognized the insured status of the Plaintiff Company’s employment insurance on the premise that the instant workers are the Plaintiff Company’s employees is unlawful.

(b) Fact of recognition;

1) L은 ㈜N과 그 계열사인 ㈜O, ㈜P, ㈜Q 등을 운영하면서 2011.경 춘천시 R에 리조트를 개발하는 'S 조성사업'(이하 이 사건 사업'이라 한다)에 관하여 인허가를 받았다.

2) Thereafter, L determined to acquire the Plaintiff Company, which is operating a excursion ship in the Han River in Seoul for the promotion of the sale of L, and agreed to acquire the Plaintiff Company in its name between M and M, but the acquisition price is to be borne by it.

3) Accordingly, on August 24, 2012, T&A entered into a stock acquisition agreement to transfer the Plaintiff’s shares of KRW 60,000 and the management right of the Plaintiff’s shares of KRW 15 billion (hereinafter “instant agreement”).

4) According to the instant contract, the trade name of the Plaintiff Company was changed from August 24, 2012 to U, and T has resigned from the inside director on August 24, 2012, and M was appointed as an inside director with the power of representation on the same day.

5) 이후 L의 지시에 의하여 ㈜N, ㈜P, ㈜Q 등에서 근무하던 이 사건 근로자들은 2012. 9.경부터 원고 회사 소속으로 옮겨졌다(다만 그 중 V는 2012. 8. 22. 원고 회사로 소속이 변경되었다). 당시 이 사건 근로자들 중 일부는 이러한 자신의 전적(轉籍) 사실을 알고 있었으나, 일부는 그러한 사실을 알지 못하였다.

6) Meanwhile, seven of the instant workers, including B (Attachment No. 18), C (Attachment No. 19), D (Attachment No. 20), E (Attachment No. 21), F (Attachment No. 22), G (Attachment No. 23), and H (Attachment No. 37), among the instant workers, are those who are subscribed to employment insurance by lending only their names to those who actually work in the Plaintiff company (hereinafter referred to as "seven persons, such as B, etc."), and the instant workers are deemed to refer only to the remaining workers except for seven others, such as B, etc.

7) The insurance coverage period of the instant worker’s employment insurance for the Plaintiff Company’s workplace is as indicated in the column for the subscription date for the employment insurance for the attached list of workers, and the place and the duties of the Plaintiff Company’s workplace are as indicated in the attached list of workers’ workplace and work column.

8) Of the instant workers, for W, X, Y, Z, and AA, an employment contract was prepared in the name of M, the representative of the LU for the Bank of Korea.

9) The Plaintiff Company prepared and managed the salary ledger for the instant workers during the pertinent period, but did not pay benefits to them once, and thereafter, the instant workers were retired from the Plaintiff Company or transferred to the AB, which is another affiliate company of the LAB.

10) Since T did not receive the down payment of KRW 7 billion as stipulated in the instant contract from M, it notified M on May 3, 2013 that the instant contract would be cancelled on the ground of nonperformance of the contract. Accordingly, on May 3, 2013, the trade name of the Plaintiff Company was changed to the Bank of Bankruptcy on May 3, 2013, and M resigned, and T assumed office as an internal director with the power of representation on the same day.

12) On January 20, 2014, T filed a lawsuit against M to seek compensation for losses arising from the rescission of the instant contract, and the conciliation was concluded between M on January 20, 2014 (Seoul Central District Court 2013s.7825) to receive KRW 4 billion up to 17th, 2014 (Seoul Central District Court 2013s.7825).

13) On May 10, 2013, M was sentenced to a fine of KRW 1.5 million from the Seoul Eastern District Court (the instant workers’ delayed payment of wages to AC, Y, and AD), and a fine of KRW 1.5 million from the Chuncheon District Court on May 1, 2013 (the instant workers’ delayed payment of wages to AE and AF among the instant workers), each of which was sentenced to a fine of KRW 1.5 million (the instant workers’ delayed payment of wages to AE and AF).

14) On June 2, 2014, M filed a criminal complaint for the charge of forging a private document, such as forging a labor contract, but L was subject to a disposition of suspicion.

15) AG, which served as the vice-chairperson in the Dispute ResolutionU, was present as a witness in this Court and stated to the effect that “SPC corporation (special purpose corporation) is a customary to move its employees to the operating corporation, and accordingly, the NG employees working in Chuncheon, etc., were transferred to the Dispute ResolutionU.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, 9, Eul evidence 3 through 6, 8, 19 through 22, each statement, witness AG, and AD's testimony and the purport of the whole pleadings

C. Determination

Comprehensively taking account of the facts acknowledged earlier and the following circumstances that can be recognized by the purport of the entire pleadings, the witness M’s testimony and the statements of Nos. 6-1, 2, and 10-1 as stated above are insufficient to believe or accept, and there is no other evidence to acknowledge otherwise.

① On August 24, 2012, L appears to have operated the Plaintiff Company upon comprehensive delegation of the power of representation as a substantial owner after acquiring the Plaintiff Company in the name of M.

L은 이러한 권한에 기초하여 ㈜N이나 그 계열사인 ㈜P, ㈜Q 등에서 근무하던 이 사건 근로자들의 소속을 2012. 9.경부터 원고 회사로 옮겼는데, 당시 근로자들로부터 명시적, 묵시적 동의를 얻거나 기업그룹 내에 운영법인인 다른 계열회사로 근로자를 옮기는 관행이 있어서 이들 근로자에 대한 전적은 일응 유효하게 이루어졌던 것으로 보인다.

③ At the time of the transfer, the instant workers acquired the insured status of the employment insurance with the Plaintiff Company’s workplace at the time of the transfer, and performed the duties listed in the list of employees employed by the Plaintiff Company as the Plaintiff Company, and the Plaintiff Company prepared and managed the register of wages for

④ As regards the instant workers, W, X, Y, Z, and AA, an employment contract was prepared between the Plaintiff and the Plaintiff.

As to this, the Plaintiff alleged that L was forged by stealing the Plaintiff’s official seal, etc. without permission. However, in light of the fact that M’s testimony, etc., which seems consistent with this, was subject to a disposition of unrecognating the charge of forging a false letter of intent, such as forging a labor contract, it is difficult to believe it and there is no other evidence to acknowledge it, and thus, the Plaintiff’s above assertion

⑤ On May 10, 2013, M was sentenced to a fine of KRW 1.5 million from the Seoul Eastern District Court (the instant worker’s delayed payment of wages to AC, Y, and AD), and a fine of KRW 1.5 million (the instant worker’s delayed payment of wages to AE and AF) from the Chuncheon District Court on May 1, 2013, as an employer of the Plaintiff Company, to a fine of KRW 1.5 million (the instant worker’s delayed payment of wages to AE and AF). However, on the other hand, seven of the workers listed in the attached list are those who lent only their names to another person without providing his/her labor to the Plaintiff Company, and thus, such workers cannot be deemed as the actual workers of the Plaintiff Company.

C. Therefore, the part of the instant disposition against B, C, D, E, F, G, and H is unlawful.

3. Conclusion

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge shall be appointed by a judge.

Judges Park Jae-young

Judges Domination

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.