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(영문) 광주지방법원목포지원 2020.04.28 2019가합246
근로자지위확인 등
Text

1. Of the instant lawsuits, the part concerning the claim for confirmation of worker status is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Defendant is a subcontractor of C Co., Ltd. (hereinafter “C”) whose main business is building, repair, etc. of a ship.

Around August 2012, the Plaintiff was employed by the Defendant and worked as an employee from October 2013. Around November 2013, the Plaintiff was the head of the unit in the field of ideas (the removal of melting melter by his rara) from November 2013, and was engaged in the work by organizing a direct thought team by allocating part of the work quantity the Defendant received from C.

B. The Defendant allocated and handled the quantity of work received from C to the contact team and the gathering team in addition to the thought team, 45% of the total amount of work received was paid to the contact team, 32% of the total amount of work paid to the log team, and 12% of the total amount of work paid to the thought team.

As the team leader of the thought Team, the Plaintiff received the full remuneration for the thought Team from the Defendant and distributed it to the members of the other thought Team.

C. On November 7, 2016, the Plaintiff was aware that three illegal aliens of Vietnam were forced to work in D, E, F, etc., a partner company C, and was subject to measures to permanently prohibit entry from C.

Around that time, the Plaintiff terminated the Defendant’s work of the head of the quantity team, and the Defendant withheld the Plaintiff’s labor income tax and paid the four major premiums.

E. The Plaintiff demanded the Defendant to pay retirement allowances, and the Defendant refused to pay the retirement allowances, and submitted a petition to the Gwangju Regional Employment Agency on October 11, 2017.

However, on November 14, 2017, Gwangju Regional Employment and Labor Office completed the internal investigation on the ground that “the Plaintiff is a subcontractor who receives a certain percentage of the working quantity unit price as remuneration, and is not an employee under the Labor Standards Act.”

F. The Plaintiff filed with an investigative agency a complaint stating that “The representative director G of the Defendant received KRW 300,000 per day from the Plaintiff’s wage from the Plaintiff and embezzled KRW 45,720,000 in total by paying KRW 150,000 only to the Plaintiff.”

(b).

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