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(영문) 부산지방법원 2015.08.21 2014가단75970
임금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that he was dismissed by the defendant while working for the communications device C related company of the defendant's operation from January 3, 2011 to September 30, 2011. The plaintiff asserted that the defendant was dismissed by the defendant. The plaintiff asserted that he was paid 15,300,000 won for unpaid benefits during the above service period (=1,700,000 x 9 months x 1,700), life-saving bonus 3,40,000 won for life-saving bonus (= 1,700,000 x 200%) for advance notice of dismissal and compensation for damages due to unfair dismissal (= 1,70,000,000 x 3 months x 3 months), total of 23,80,000,000 won for unpaid benefits (i.e., 1,700,000,300,000 won).

2. First of all, we examine whether there was an employment relationship between the Plaintiff and the Defendant, as alleged by the Plaintiff.

According to the results of the fact-finding conducted on the Korea Information and Communication Corporation Association of this Court as to Gap's evidence Nos. 1 through 4, 8 through 10, Eul evidence Nos. 3 and 4 (including numbers), the plaintiff was registered as information and communications engineers under the Information and Communication Construction Business Act, and the plaintiff was part of the process of negotiating a consulting agreement with the defendant for the registration of the Korea Information and Communications Association of ISO 9001 in the name of the defendant for the registration of the Korea Information and Communications Corporation of Es.S. around January 201.

However, on the other hand, the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 5 through 7, Eul evidence Nos. 2, 5 through 7, and 9 through 14 (including the number of pages), and the overall purport of the pleadings in witness D’s testimony, are different from the plaintiff’s assertion as to the developments leading up to the tax return, etc. to C, so the existence of an employment relationship between the plaintiff and the defendant should be determined by the aforementioned forms of tax return, etc.

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