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(영문) 서울고등법원 2013.02.22 2012나21081
퇴직금
Text

1. Of the judgment of the first instance, the part against the defendant against the plaintiff A, B, C, D, E, F, G, H, I, J, K, L, and M is identical to the part against the defendant, and the plaintiff.

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, on the same service period as indicated in the table “Duty”, worked as a commissioned person who conducts autopsy (hereinafter “inspector”), a commissioned person who conducts inspection (hereinafter “service personnel”), and a commissioned person who conducts a part-time service (hereinafter “part-time member”). Among them, Plaintiff AO and AP were a part-time member over the entire service period, and the rest of the Plaintiffs were to perform each duty as a inspector or a delivery officer over the entire service period.

[Reasons for Recognition] Facts without dispute, Gap evidence 21-1 to 5, Eul evidence 22-1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-1 to 43, Eul evidence 45, and Eul evidence 69, and the whole purport of the arguments are asserted by the parties concerned in the form of an entrustment contract, but in fact, the plaintiffs were employed in the defendant, but they actually set the plaintiffs' contents of business and place of business, assigned the plaintiffs to work in the same office as regular employees, conducted education as regular employees, conducted the same education as regular employees, unilaterally changed their workplace or division of duties, and provided equipment necessary for the performance of duties and duties.

In addition, the plaintiffs have to work in the office to perform their duties, and have to be bound to a certain extent on their commuting time, in particular.

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