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(영문) 인천지방법원 2018.04.25 2016가단6599
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that he/she was employed by the Defendant who had been employed by the National Assembly member to receive three million won monthly wages from January 7, 2009 to February 18, 2013. However, the Plaintiff agreed to provide labor and agreed to receive the monthly wage of 78,50,000 won (i) from January 7, 2009 to August 2009, KRW 24 million for eight months, ② from April 4, 2010 to May 2010, KRW 6 million for two months, ③ from September 9, 2012 to February 2, 2013, ④ from September 7, 2009 to March 18, 2010 to KRW 3.5 million, the difference between the amount of wages ¡¿ KRW 750,000,0000 to KRW 75,771,2781).

2. According to the statement in Gap evidence No. 1, the defendant appointed the plaintiff as a special economic warning around January 2009 and allowed the plaintiff to work at the office of the defendant's regional party members council (hereinafter "C"), and the defendant sent a request to the effect that he/she registered the plaintiff as C's employee and paid wages to the chairperson of the Co., Ltd. (hereinafter "C"), and he/she was convicted of the facts that he/she received a total of KRW 15,152,060 as a salary for the plaintiff seven times from September 2009 to March 2010 (the Incheon District Court Decision 2014Da606 decided January 12, 2015).

However, the above facts alone are insufficient to recognize that there was an agreement by the Plaintiff to provide labor to the Defendant and to receive three million won per month, and there is no other evidence to prove otherwise.

Rather, in addition to the purport of the entire pleadings, the Plaintiff filed a petition against the Defendant on the grounds of overdue payment of wages, etc., however, there is insufficient evidence to deem that the Plaintiff concluded a labor contract with the Defendant, setting working conditions, such as working hours, wages, etc., or provided labor under the subordinate relationship with which the Defendant was used for the purpose of wages.”

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