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(영문) 서울남부지방법원 2015.10.02 2014가합111451
해고무효확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of investment advisory and discretionary investment business.

On April 29, 2014, the Plaintiff entered into an employment contract of KRW 200 million for annual salary (hereinafter “instant employment contract”) with the Defendant, and subsequently, the same year.

5. From January 1, 200, the defendant's business-general vice-president was employed.

B. On September 11, 2014, the Defendant: (a) indicated Article 7(2) of the Employment Contract of this case (if the Plaintiff’s performance of duties or evaluation of duties is deemed to be insufficient or significantly low; (b) as a ground provision, the Defendant rendered a dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”); (c) stating that “it inevitably made it difficult for the Plaintiff to continue employment due to the Plaintiff’s continuous business profit, capital erosion, and low investment assets due to the execution of restructuring for cost reduction; and (d) notified the Plaintiff on the same day.”

C. The defendant does not have separate rules of employment and service.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion as to whether the Plaintiff’s employee is a worker under the Labor Standards Act, because the Plaintiff provided labor to the Defendant in a subordinate relationship for the purpose of wages. Accordingly, the Defendant asserted that the Plaintiff was merely engaged in the business of attracting the investment amount delegated as the vice president of the Defendant, and did not undergo any direction and supervision of the Defendant in performing such business. 2) The issue of whether the judgment constitutes a worker under the Labor Standards Act is a type of contract, rather than a contract for employment, is a contract for employment or a contract for employment.

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