logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.24 2016가합79096
해고무효확인
Text

1. The Defendant (Counterclaim Plaintiff) confirmed that his dismissal on December 31, 2015 against the Plaintiff (Counterclaim Defendant) was null and void.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is the head of the D Teaching Institute located in the wife population C (hereinafter “D Teaching Institute”) at the time of acceptance. From December 2013, the Plaintiff is a person who operated the said D Teaching Institute from around December 2, 2013, and the Plaintiff is a person who worked as a chemical I and chemical II instructor at the D Teaching Institute from January 2, 2007 to December 31, 2015.

B. On January 2, 2007, the Plaintiff entered into a contract of lecture with the Defendant for renewal of his/her employment contract each year from January 2, 2007, respectively, and entered into a contract of lecture with the Defendant from February 13, 2014 to November 12 of the same year from February 13, 2014, from February 13, 2014 to November 13, 2014; and on January 31, 2015, from January 31, 2015 to November 12 of the same year.

(hereinafter “instant service contract”). The contents of the instant service contract relating to the instant case are as follows.

Article 2 (Period of Service)

1.In principle, this Agreement shall terminate upon the expiration of the above service period.

Article 3 (Payment of Service Fees)

1. The service cost per month shall be paid on seven days in principle;

2. Contents 2 of the composition of the service cost. The above service cost is the consideration for fifteen hours per week, fifteen hours per week, and the day off which is the day off for a week. The defendant under Article 4 (Evaluation during Service Period) may conduct an assessment of the plaintiff's service cost by semester during the plaintiff's service period. Article 5 (Basic Principles for Performing Services)

4. The performance of services shall not be subject to the rules of employment, the rules of service, and the personnel regulations of the Institute and shall not terminate the contract for this reason.

【Special Contract under a Service Contract】

1. Since it is deemed reasonable that the Plaintiff, upon entering into a service agreement with the Dentalian and the Plaintiff, voluntarily and voluntarily refrained from having no employee status and not paying four major insurance and statutory taxes, the Plaintiff requires the Dental Institute to take such measures.

2. The plaintiff is determined as a worker in the future, and the four-party insurance and various legal taxes are paid.

arrow