logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.10.11 2016가단4184
동산인도 등
Text

1. The Plaintiff’s lawsuit against Defendant B and Defendant C regarding the part of the claim other than that set forth in paragraph 2 below and Defendant D.

Reasons

1. Determination on the claim for overdue wages of KRW 84,770,000

A. From May 18, 2010 to December 31, 2012, the Plaintiff’s summary of the Plaintiff’s assertion made, at the request of Defendant B, accommodation in the Gangwon E Hospital located in the Defendant B and the Defendant C Co., Ltd (hereinafter “Defendant Company”) (hereinafter “instant hospital”) and carried out the duties of establishing a hospital, managing buildings, etc., and the Defendant Company agreed to pay the Plaintiff KRW 3,00,000,00 per month, as remuneration.

Defendant B and the Defendant Company were liable to pay the Plaintiff the unpaid wage and the delayed payment amounting to KRW 94,770,000 (=3,000,000 + (315/30)) out of the amount of KRW 94,50,000 per month during the above period (=3,00,000) and the remaining wage of KRW 84,70,000 (= KRW 94,500,000 - KRW 9,730,000).

B. (1) In determining whether the Plaintiff is a worker under the Labor Standards Act, whether the contract is an employee under the Civil Act, regardless of whether the contract is an employment contract or a contract for work, or whether it is a subordinate relationship with the employer for the purpose of wages in substance (see, e.g., Supreme Court Decision 2000Da27671, Jul. 26, 2002); on the other hand, an officer, such as a director of a corporation having the authority to manage affairs, is delegated by the company to handle certain affairs; therefore, it is not an employment relationship under the direction of the employer, and therefore, it does not constitute a wage under the Labor Standards Act even if a certain amount of remuneration is paid.

(B) The number of evidence Nos. 4, 7, 8, 9, 11, 12, 13, 15, 17, and 24 is examined as to whether the Plaintiff constitutes a worker under the Labor Standards Act (see Supreme Court Decision 2000Da61312, Feb. 23, 2001).

arrow