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(영문) 수원지방법원 2020.01.10 2019나55422
퇴직금 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations of the court of first instance except for the part concerning the Defendants’ assertion in “2. Additional Judgment,” and even if the evidence submitted in the court of first instance shows the evidence additionally submitted to this court, the fact finding and judgment of the court of first instance are recognized as legitimate (the Defendant has concluded this court with the Defendants that “the Plaintiff is only a contractor who entered into a service contract for transportation with the Defendants, but is not a worker employed by the Defendants,” and submitted additional documentary evidence (No. 7 through 9) regarding the fact finding and judgment of the court of first instance to the purport that “the Defendant is merely a contractor who entered into a service contract for transportation with the Defendants with the Defendants, and is not a worker employed by the Defendants.” In addition, the Ministry of Labor and Labor within the Republic of Korea accepted the Defendants’ assertion

However, the reasons for the judgment of the court of first instance

2.(b)

1) The circumstances acknowledged in B) are as follows: (i) during the service period of the E Hospital or the F Culture Center operated by the Defendants, the Plaintiffs subscribed to national health insurance and national pension, and the Defendants additionally deducted four insurance premiums in addition to income tax when paying the Plaintiffs’ remuneration during the aforementioned service period; (ii) the Defendants paid a certain amount of monthly remuneration to the Plaintiffs under the pretext of basic salary, food, overtime allowances, vehicle maintenance expenses, regardless of the Plaintiffs’ actual number of bus operation, distance, number of mothers transported, etc. (iii) the Defendants provided the names and addresses of mothers to be transferred to the Plaintiffs, and accordingly, transferred the Plaintiffs according to the medical treatment or schedule as set forth in the Defendants’ side.

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