Text
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
Based on fact, the defendant was established for the purpose of measuring instruments inspection agency business, and was entrusted by the Korea Electric Power Corporation with electric meter inspection, charge-related collection, and electric power system.
The Plaintiffs entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”) on the first day of each service period indicated in the “retirement Allowance Calculation Table” and were commissioned as an “ranking officer” and dismissed on the last day of each service period.
[Ground of recognition] The facts without dispute, Eul's statement No. 1-1-1-18 of the evidence No. 1, the assertion of the purport of the whole pleadings, and the gist of the plaintiffs' assertion that the plaintiffs joined the defendant in the form of a delegation contract, but provided labor to the defendant in the employment-subsidiary relationship by performing duties under specific direction and supervision
Therefore, the Plaintiffs constitute workers under the Labor Standards Act, and the Defendant is obligated to pay retirement allowances to the Plaintiffs under Article 34 of the Labor Standards Act and relevant statutes.
First, we examine whether the plaintiffs are the defendant's workers.
In fact, the recognition of the delegation contract of this case and the guidelines for the management of delegation sources [Delegation contract] Article 1 (General Provisions) and the defendant (A) and the plaintiffs (B) shall be implemented on the basis of the principle of trust and good faith as stipulated in the guidelines for the management of delegation bodies.
2(Scope of Services) Inspection of electric meters, service of written requests, service of automatic transfer receipts, confirmation of the number of households of one house and the number of TV resources and services incidental thereto.
Article 3 (Terms and Conditions of Services) B shall be free to perform the delegated duties determined by A to the extent that the terms and conditions of the contract and the duties of A are not impeded.
Article 4 (Payment of Fees) (1) A shall pay fees to B every month in return for performing delegated duties in accordance with the standards set by A, and shall withhold taxes under the conditions as prescribed by tax-related Acts.
Article 6 (Termination of Contract) A.