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(영문) 수원지방법원 2017.08.10 2016나14697
임금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserted that he is employed by the defendant and serves as a nursing worker.

Although retirement, 80,000 won has not yet been paid, the above overdue wage of 80,000 won and damages for delay shall be claimed.

B. Determination is based on the following circumstances: ① the Defendant, from June 21, 2010, operated a job placement office with the trade name of “C,” which introduces nursing workers from around June 21, 2010, connects the nursing job seekers at the request of a D convalescent hospital, etc. ② the Plaintiff was working as the nursing worker in D convalescent hospital from February 11, 2012 to April 4, 2012; ③ the Defendant introduced the Plaintiff to D convalescent hospital; ③ the Defendant did not separately direct and supervise the Plaintiff; ④ the Plaintiff did not receive any individual command and supervision during the Plaintiff’s nursing work process, including working hours or daily allowances; ④ the Plaintiff did not provide basic pay or fixed allowances; ⑤ the Plaintiff’s nursing service is not provided to the Plaintiff, including the Plaintiff’s nursing service, as otherwise alleged in the agreement between the Plaintiff’s employer and the broker, and there is no evidence to acknowledge that the Defendant was to receive the remainder of the amount of the Plaintiff’s nursing service.

Therefore, the plaintiff's above assertion based on the premise that the plaintiff is the defendant's employee is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the defendant in the judgment of the court of first instance is among the judgment.

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