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(영문) 서울중앙지방법원 2016.02.04 2014가단5256820
퇴직금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The Plaintiffs, based on the facts, enter into an agreement with the Defendant on commission of off-the-counter business with the following contents, and there is a dispute as to whether the period of suspension should be included in the period of performance of duties in the case of some Plaintiffs, including Plaintiff B, etc. during each period from the “the date of admission” to the “date

In the meantime, the customer database received from the defendant and publicizeds about the defendant's credit card theory by telephone, and the bank shall pay to the contractor the remuneration calculated in accordance with the separate fee rate table determined by the bank in accordance with the result of the agreement under paragraph (1).

Article 2(1):In principle, a contractor shall independently perform his/her duties in performing the commissioned duties provided for in Article 1(1), and a bank shall not direct and supervise a contractor equivalent to the employees of the bank.

A bank shall provide the contractor with necessary education before he/she participates in performing his/her duties, and may provide the contractor with necessary advice and data at his/her request.

Article 3(1) of the Act: The contractor shall not be treated as employed by a bank in any case as a professional financial business, and the contractor shall not be subject to the rules of employment, personnel regulations, service regulations, and collective agreements of the bank.

Article 3(2): A bank shall not pay to a contractor separate money under any pretext, such as retirement allowances, beams, allowances, etc., in addition to remuneration prescribed in Article 1(2).

Article 4:In principle, a contractor shall procure all articles, etc. necessary for performing his/her duties at his/her own expense.

Provided, That within the reasonable scope required for performing the contractor's business, a bank shall have the contractor use office supplies, equipment, etc., such as books, telephone, facsimile, at an appropriate place designated by the bank for free.

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