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(영문) 수원지방법원 안산지원 2018.10.10 2018가단53460
퇴직금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is an educational foundation that establishes and operates a G High School from Ansan-si F in Ansan-si.

B. H entered into a labor contract with the principal of a G High School on October 16, 2008, and served as a leader of a Gu-gu department at G High School. The said contract was renewed annually.

C. Plaintiff B, from November 2009 to May 201, 201, from April 201 to May 201, 201, Plaintiff D, from June 201 to June 2017, to June 2017, Plaintiff C, and Plaintiff C, as the manager of the restaurant of the said axis, from January 2009 to October 2017, respectively, and Plaintiff A, as the manager of the restaurant of the said axis, from February 2012 to October 2017.

[Ground of recognition] Evidence No. 1, Evidence No. 2 through 5 of Evidence No. 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the defendant should pay retirement allowances to the plaintiffs since they retired from office at G High Schools operated by the defendant.

B. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages in the business or workplace as seen above. Whether the employer has a considerable command and supervision in the course of performing the work, whether the employer is designated as working hours and working place, whether the employer is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account, such as possessing equipment, raw materials, work tools, etc. or having a third party act on behalf of him/her, and whether the risk, such as the creation of profit and loss by providing labor, is the nature of remuneration.

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