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(영문) 수원지방법원성남지원 2015.01.08 2014가합3418
임금 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The party's assertion that the plaintiffs joined the "M" of the defendant's operation, which combines the malicious stories attached to the clothes, and worked for five to ten years on an hourly basis, and that the defendant retired from M on December 13, 2013, and sought payment of unpaid wages and retirement allowances against the defendant. The defendant asserts that the plaintiffs do not constitute workers under the Labor Standards Act, and therefore, they do not have such payment obligation.

2. First, we examine whether the Plaintiffs are workers under the Labor Standards Act.

A. In determining whether a worker is a worker under the relevant legal doctrine, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, and whether a worker has provided labor in a subordinate relationship with an employer for the purpose of wages in substance, regardless of whether the contract is an employment contract or a contract for work. In determining whether a subordinate relationship exists, whether the contents of work are determined by the employer and are subject to the rules of employment, service rules, personnel regulations, etc., whether the employer is subject to specific and direct direction and supervision from the employer in the process of work performance, whether the worker is designated and place of work by the employer, whether the worker is subject to replacement of work, whether the worker has a characteristic of work by itself, whether the basic pay or fixed wage has a characteristic of work, whether the wage has a basic wage, whether the wage has a wage, whether the wage is withheld from the wage and salary income tax, whether the continuous relationship is exclusive to the employer, and whether the social security system is recognized by other Acts and subordinate statutes.

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