logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.05 2012가합38754
퇴직금
Text

1. The Defendant’s “retirement allowance” in the attached table for calculation of the retirement allowance” to the Plaintiffs other than the Plaintiff A and B is re-written.

Reasons

1. Basic facts

A. The Defendant was established to carry on the business related to the inspection of electric meters and electric utility fees, which concluded a service contract in the form of a negotiated contract with the Korea Electric Power Corporation and entrusted the inspection business, etc. from the said construction.

The Plaintiffs, before and after around 1994, are affiliated with the Defendant’s Seoul Seoul Headquarters C Branch, and have been mainly in charge of the inspection of the electric measuring instruments or the delivery of the electric bills for electric charges, and have prepared an entrustment contract with the Defendant every year setting the terms and conditions of the work and the payment of the fees.

B. On the other hand, a limited competitive tendering system was introduced on behalf of the existing private contract with the aim of enhancing the efficiency of inspection through competition between the trustee companies.

Accordingly, the Korea Electric Power Corporation was selected as a trustee of the Seoul Project Headquarters C branch, and D had it conduct inspections from August 2007 to the Defendant.

Accordingly, all the plaintiffs prepared an entrustment contract between D and D at the time, and were affiliated with D from September 1, 2007 to take charge of the same duties.

C. Since the Korea Electric Power Corporation’s tender, the Defendant again selected a commissioning company, the Plaintiffs prepared an entrustment contract with the Defendant and terminated the contractual relationship on the date indicated in the “Date of Calculation of Retirement Allowances” in the attached Table from August 1, 2009, while performing the pertinent business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs are workers under the Labor Standards Act even though they prepared an entrustment contract form with the defendant, and the defendant is obligated to pay retirement allowances to the plaintiffs.

arrow