logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2021.02.05 2020나2008324
임금
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment, is the same as the reasoning of the judgment of the court of first instance, except for the following: (a) the reasoning of the judgment is set forth in Paragraph (2) and the subsequent Paragraph (3); and (b) thus, it is acceptable by the main text of Article 420 of the Civil Procedure Act.

2. Article 8 of "A, Article 11 of "ro, Article 21 of "A, Article 27 of "A," Article 12 of "A," Article 13 of "ro, Article 12 of "A, and Article 13 of "A," Article 14 of "A," Article 14 of "A, 27 of "A," and Article 13 of "A" of "ro, Article 12 of "B, 27 of "A," and Article 13 of "A, 14 of "ro, 9, 3 of 9."

"......."

Part 12 "Article 8 Section 1" of Part 5 is "Article 9 Section 1," and Article 8 Section 3 of Part 7 is "Article 8 Section 4," respectively.

3. Following the 10th 13th 10th 1 of the judgment of the court of first instance, the issue of whether a worker is a worker in an individual case where the worker is disputed shall vary depending on the specific facts, such as the type of work, and the degree of proof at the individual workplace.

In a case where the circumstances in which it is difficult to recognize workers as a result of the fact-finding hearing, or where the party responsible for proving workers’ identity fails to submit evidence to prove specific facts that can recognize workers’ identity in the course of the lawsuit, the workers’ identity may be denied (see, e.g., Supreme Court Decision 2015Da252891, Apr. 15, 2016). Following the first instance judgment No. 14th 15th 14th 15th 15th 15th 14th 15th 2016, whether the relationship between the Plaintiffs and the Defendant should be identified as the labor relationship based on the terms of the contract between the department store and the Defendant, and Article 12(1) of the Act on Fair Transactions in Large-Scale Distribution Business (hereinafter “Large-Scale Distribution Act”).

arrow