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(영문) 대법원 2018.12.13.선고 2016다240406 판결
종업원지위확인등
Cases

2016Da240406 Confirmation, etc. of employee status

Plaintiff, Appellant

1-. A

2

3

4

Defendant, Appellee

Korea Liber Co., Ltd.

Judgment of the lower court

Seoul High Court Decision 2015Na2023411 Decided July 6, 2016

Imposition of Judgment

December 13, 2018

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

After finding the facts as stated in its reasoning, the lower court determined that it is difficult to view that the Plaintiffs were in a worker dispatch relationship with the Defendant on the sole basis of some of the circumstances alleged by the Plaintiffs as a symbol of the worker dispatch relationship.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding temporary placement of workers or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, exceeding the bounds of the principle

Therefore, the plaintiffs' appeal is dismissed in entirety as it is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Jo Hee-de

Justices Kim Jae-in

Justices Min You-sook

Justices Lee Jae-hwan

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