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(영문) 수원지방법원 2018.12.20 2018나61499
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the following additional determination as to the allegations emphasized by the plaintiffs in this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiffs asserts to the effect that the network E was an employee employed by the Defendant.

However, the issue of whether the deceased is a worker shall vary according to the specific facts, such as the work form of the deceased, and the degree of proof, and whether the deceased provided labor to the defendant in a subordinate relationship shall bear the burden of proof.

(See Supreme Court Decision 2006Da54637, 2006Da54644, Nov. 9, 2006, etc.). The evidence submitted by the Plaintiffs alone is insufficient to recognize that the Plaintiffs provided labor to the Defendant in a subordinate relationship, including whether the deceased worked at a designated place, etc., and there is no evidence to acknowledge otherwise.

Therefore, the plaintiffs' above assertion cannot be accepted without further review.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed in entirety.

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