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(영문) 수원지방법원 2016.09.23 2015나27054
임금 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The assertion and judgment

A. The parties’ assertion 1) The Defendant of the Plaintiff Company C on January 26, 2012 (hereinafter “C”)

(1) The Plaintiff is a company established by D, in fact, for the purpose of evading C’s obligations, and is practically the same as C. The Plaintiff is a company established on November 1, 2011. The Plaintiff is working for C and the Defendant from November 1, 2011 to May 31, 2013. The Plaintiff was paid KRW 2.5 million monthly wage from November 201 to December 2012, but only KRW 2.5 million was received, but the Plaintiff did not receive KRW 14.5 million [35 million (2.5 million x 1.4 million x 1.4 million x 2.5 million), and the Plaintiff did not receive KRW 25 million wage from January 1, 201 to May 31, 201, and did not receive KRW 2.5 million (2.5 million). The Plaintiff’s wage was paid to Defendant 2,500,0000,000 won (2.5 million won).

B. Determination 1 whether the Plaintiff is a worker under the Labor Standards Act or a worker under the application of the Labor Standards Act shall, regardless of the form of a contract, be determined depending on whether a worker provided labor in a subordinate relationship with the employer for the purpose of wages. In determining whether a subordinate relationship exists, the content of the work is determined by the employer, whether the work is subject to employment rules, service regulations, personnel regulations, etc., whether the employer is subject to specific and direct direction and supervision from the employer in the course of performing the work, and remuneration is the subject of work itself.

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