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(영문) 대전고등법원 2016.09.08 2015나15670
퇴직금 등
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff to pay to the Plaintiff KRW 29,016,722.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts amended or added under paragraph (2) below, and thus, the relevant statement is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. A corrected or added portion;

A. The testimony of the witness E shall be revised to “part of the testimony of the first instance court E”, and the testimony of the witness E and H in the 4th 12-13th 4th 12-13th 13th 3th 5th son E and the 5th 4th H, respectively.”

B. Each “work contract” of the four pages 6 lines, 16 lines, 17 lines, and 20 lines shall be amended to “work contract” and the four pages shall be added below the twenty lines.

“The methods and details of the entry in these employment contracts are clearly defined as “work contract” and clearly distinguishable from those of the employment contract for workers at the hospital of this case (which is the ground for recognition: B’s document No. 3) that clearly states the place of work, wage constituent item (the extended work, additional work hours), working hours, recess hours, grounds for termination of the employment contract, etc.”

C. The part of the first instance judgment 5-6-9 line shall be modified to the lower part of the “” indicated below.

[3] In light of the Plaintiff’s work contract or the Plaintiff’s work environment, and the calculation method of benefits as indicated in the argument in the instant case, the legal relationship between the Plaintiff and the Defendants regarding the operation of the instant hospital is deemed to be one of the members of the instant hospital with a compensatory delegation relationship or partnership relationship (the Plaintiff is deemed to have contributed to the instant hospital and received only profits without incurring losses.

section 23 of this title.

In light of these circumstances, the Plaintiff’s circumstance that the instant hospital was separately responsible for the Plaintiff’s wage and salary income tax and the fourth insurance premium, or that it did not directly perform financial and administrative affairs without being registered as the business entity of the instant hospital, etc. under the Labor Standards Act.

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