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(영문) 서울북부지방법원 2017.10.25 2017가단8521
월급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is the promotion committee approved by the head of Dongdaemun-gu Office on August 4, 2004 to establish the Korea Housing Redevelopment Project Association for the purpose of implementing the Housing Redevelopment Project in Dongdaemun-gu Seoul Metropolitan Government C.

On December 15, 2013, the Plaintiff was appointed as a promoters at the residents' general meeting, and on March 15, 2014, the Plaintiff was appointed as a general secretary at the promotion committee meeting on March 15, 2014, and was dismissed at the general meeting of the promotion committee on July 26, 2014.

【In the absence of dispute on the grounds of recognition, Gap’s evidence Nos. 1, 3, 9, Eul evidence No. 7, plaintiff’s assertion of the purport of the entire pleadings, and judgment on the plaintiff’s assertion of the purport of the whole pleadings, the plaintiff served as a paid general manager from January 2014 to October 2015. The defendant filed a claim for payment of the unpaid wages of 37.4 million won (1.7 million won x 22 months) and retirement allowances of 3.4 million won and its delay damages.

In light of the following circumstances, which are acknowledged by comprehensively taking into account the descriptions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Civil Act and the evidence No. 6 (the defendant's operating regulations), the promotion committee members of the Housing Redevelopment Project Establishment Promotion Committee have set the term of office by the operating regulations (Article 15(3)), which are not employment contracts or appointments, or by the resolution of the general meeting or the promotion committee, and the full-time members such as general affairs are elected by the resolution of the promotion committee (Article 15(3) through (6). The promotion committee members are appointed as members of the promotion committee with due care according to the authority delegated by the residents without any direction and supervision, and the delegation contract is the principle of free delegation. Thus, the promotion committee members cannot be deemed as workers. Thus, there is no right to receive wages and retirement allowances under the Labor Standards Act or the Act on the Guarantee of Workers' Retirement Benefits, and only if

the purport of the whole pleadings in the entry of the evidence of subparagraph 6 (Operating Rules).

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