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(영문) 서울중앙지방법원 2020.02.06 2019나17941
임금 및 퇴직금
Text

1. Of the judgment of the court of first instance, the defendant against the defendant in excess of the money ordered to be paid below to the plaintiff.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the decision on whether the defendant constitutes an employee under the Labor Standards Act is added with respect to the assertion emphasized by the court of first instance, and except that the court of first instance 2(c) and 2(c) are used as the correction judgment under paragraph (2) below, it is identical with the reasons for the judgment of the court of first instance. Thus, it is acceptable as it is in accordance

【Additional Requirements for Determination of Workers’ Status】

A. The defendant's assertion is that the plaintiff is the chief instructor of the Korean Language Institute and takes charge of the operation of the Korean Language Institute and takes charge of all affairs for the operation of the Korean Language Institute, and the plaintiff is the operator of the Korean Language Institute, and the plaintiff is not only the operator of the Korean Language Institute, but also the defendant is not the employee belonging to the Korean Language Institute.

B. The Plaintiff, while serving as the chief instructor of the Korean Language Institute under the jurisdiction of the Defendant, directly directed and supervised the duties of the ordinary Korean language instructor and directly performed the management of the services of the ordinary Korean instructor.

In addition, the above-mentioned facts are insufficient to reverse the fact that the Plaintiff constitutes the employee belonging to the Defendant solely based on the following facts acknowledged based on the above-mentioned facts and the purport of each of the evidence and the entire pleadings.

(1) Article 2 (1) 2 of the Labor Standards Act provides that an employer, a person in charge of business management, or any other person who acts on behalf of an employer with respect to matters relating to workers shall be an employer; however, a person in charge of business management shall be an employer.

Even if this is applicable, it is merely an employee who is a so-called employer in relation to his subordinate employee under the control of the business office, and in relation to the business owner, he is an employee subject to the rules of employment.

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