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1. The Defendant shall pay Plaintiff A KRW 16,562,170, and KRW 27,987,970 to Plaintiff B, and each of them shall be repaid from August 27, 2016.
Reasons
1. Facts of recognition;
A. The Defendant Company concluded an entrustment contract with each Defendant company on July 1, 2009, and the Plaintiff B on November 1, 2008, as a company engaged in the maintenance and repair of the operation of the Internet IT equipment of the subscriber network, which is a mobile communication and the equipment maintenance service provider of the transmission network.
B. On October 23, 2014, the Defendant served as an Internet opening technician from the Ministry of Employment and Labor of the Middle-gu Branch on the Ministry of Foreign Affairs and Trade, and received corrective orders from C as the fact that C retired was not paid retirement allowance or annual paid leave, D, Plaintiffs, E, F, and G due to the unpaid annual paid leave allowance.
C. On April 17, 2015, the Democratic Labor Union at the Seoul Headquarters, organized by the trustees of the duties entrusted with the opening of the GG Packers and SKB World, including the plaintiffs, concluded a collective agreement with the defendant on April 17, 2015, which is the main contents as follows. Article 15 (subcontracts) of the VienNS (State) collective agreement provides that the company shall not entrust the subcontractor with the future opening, disability and termination, but may operate the subcontractor with the period and area for temporary increase, local characteristics. (2) At the time of manpower shortage or reinforcement of the company, the form of the current personal contract and regular employment is recognized, and the more progressive regular employment is directed at the future. (d) On the other hand, prior to the conclusion of the collective agreement, the “SKB cooperation separate agreement” was prepared as follows.
A separate agreement - A company shall newly employ members who wish to become members of the company upon the termination of the contract with the subcontractor through the prescribed procedures.
- The company shall terminate the contract with the subcontractor by the end of 2015.
Provided, That where the contract period does not exist, it shall endeavor to terminate by the end of June.
- The Company shall adjust the agency fees of the subcontractor at the same level as wages increase for its employees.