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1. As to the D's auction case of Jinwon District Court Branch D's Jinwon District Court, the same support was drawn up on October 5, 2015.
Reasons
1. On October 5, 2015, the Changwon District Court: (a) prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the transferee of the right to collateral security regarding the real estate indicated on the attached property owned by the E Farming Association (hereinafter “Nonindicted Corporation”) shall distribute the amount of KRW 305,247,018 (order 2, 84.79%) to the Defendant, who is the applicant obligee; and (b) the Plaintiffs excluded from the distribution of dividends, raised an objection against the Defendant to KRW 30,000,000 out of the amount of dividends.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiffs, who are workers of the non-party corporation, were entitled to preferential payment in the case of voluntary auction of this case, were unable to receive all dividends based on the wages for the last three months and retirement benefit claims for the last three years under Article 38(2) of the Labor Standards Act and Article 12(2) of the Guarantee of Workers' Retirement Benefits Act.
Therefore, the instant distribution schedule should be revised as stated in Paragraph 1 of this Article.
B. Determination of whether a worker constitutes a worker under the Labor Standards Act is an employment contract or a contract for work. Determination of whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in substance is based on whether a contract is an employment contract or a contract for work. Determination of whether a dependent relationship here exists is based on the following factors: (a) the circumstances such as whether a basic wage or fixed wage was determined; (b) whether a worker withheld an income tax; and (c) whether a worker is recognized as an employee in a social security system can be arbitrarily determined by taking advantage of the economic superior status of the employer; and (d)