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(영문) 서울고등법원 2013.02.22 2012나17105
퇴직금
Text

1. Of the judgment of the first instance, the part against the defendant against the plaintiffs except the plaintiffs AF, AR, AT, AT, AU, AV, AW and B.

Reasons

Based on fact, the defendant was entrusted by the Korea Electric Power Corporation with the purpose of checking electric meters, serving a written request related to charges, and terminating, re-supply and re-supply of overdue customers.

The Plaintiffs entered into an entrustment contract (hereinafter “instant entrustment contract”) with the Defendant on the beginning date of each service indicated in the “retirement Allowance Calculation Table” attached to attached Table 2, and were commissioned as an entrusting member, and were dismissed on the end date of each service.

The plaintiffs worked as a commissioned officer who conducts inspections as recorded in the table "duty" on the same service period as stated in the above service period (hereinafter referred to as "inspection officer"), a commissioned officer who conducts inspections (hereinafter referred to as "service officer"), and a commissioned officer who conducts a short-term service (hereinafter referred to as "full-time officer"). Among them, ① Plaintiff AF, AR, AT, AU, AV, and AW are single-time members over their respective service period, and ② Plaintiff BB is a single-time member during its service period from July 28, 199 to December 22, 2008, and the remainder of the Plaintiffs except the above Plaintiffs were performing their respective duties as inspection personnel or delivery personnel over the total service period.

[Grounds for recognition] The plaintiffs were enrolled in the defendant in the form of an entrustment contract, but actually entered in the defendant in the form of a contract. The defendant set forth the plaintiffs' duty and place of business, directed and supervise the plaintiffs in the office such as regular employees, conducted the same education as regular employees, conducted the same education as regular employees, and unilaterally divided the entrusted members' workplace or work.

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