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(영문) 광주고등법원 2015.04.24 2012나4847
근로자지위확인
Text

1. Of the judgment of the court of first instance, Attached Nos. 1 through 31, 36 through 41, 58 through 61, 69 through 73, and 77 through 84 of the Plaintiff’s List.

Reasons

Basic Facts

The defendant entered into a contract with in-house subcontractors (hereinafter referred to as the "defendant") for some duties in the manufacturing process, as a company engaged in the manufacturing and selling of various different typical and rubber products with its head office and Gwangju factory located in Gwangju-gu, and 5,000 full-time workers at Jeonnam G and Gyeonggi-si.

The plaintiffs are those who are employed by the defendant's Gwangju factory or grain factory cooperation company on the date stated in the membership date of "the plaintiff's partner company belonging to the plaintiff, the membership date and the employment department list". The plaintiffs are those who are employed by the defendant's Gwangju factory or grain factory cooperation company and provide labor in the manufacturing process. While the company's partner company was changed after the entry, the new subcontractor is actually succeeded to the employment of the new subcontractor without suspending the work in charge or changing the employment process at the defendant's factory, and they are employed by the cooperation company listed in the name column of the same Table at the time of the filing

DG and DH, under the jurisdiction of DI (RepresentativeJ), were engaged in the defendant's grain packing work in the defendant's grain plant under the jurisdiction of DI (RepresentativeJ), claimed that their work form constitutes dispatch work, and filed a petition for correction of discrimination against the defendant, etc. against the defendant, etc. at around that time, against Gwangju Regional Labor Office for a violation of the Act on the Protection, etc. of Temporary Agency Workers.

Around February 10, 2009, the Defendant received a corrective order from the Gwangju Regional Labor Office stating that “DG, etc. falls under temporary agency work, and directly employs them.” On June 17, 2010, the Gwangju District Court (2009Guhap1761) filed a lawsuit seeking revocation of direct employment order, etc., but was sentenced to the judgment against the Defendant on June 17, 2010. The Defendant appealed with the Gwangju High Court (2010Nu13466), but dismissed the appeal on January 27, 201.

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