logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.04.24 2012나4830
근로자지위확인
Text

1. Of the judgment of the court of first instance, the part of the plaintiffs listed in Nos. 1 through 10 of the annexed Table No. 11 through 11 of the same list.

Reasons

Basic Facts

The Defendant entered into a contract with in-house subcontractors (hereinafter referred to as the “Defendant’s partner companies”) for some of the duties in the manufacturing process, using 5,000 full-time workers at the Z of Gwangju, the head office and Gwangju factory, and the entire south celebry and the Gyeonggi-si, and using 5,000 full-time workers, for which the Defendant entered into a contract for the manufacture and sale of various other fish and rubber products.

The plaintiffs are those who are employed by the defendant's Gwangju factory or grain factory cooperation company on the date stated in the attached list of plaintiffs. The plaintiffs are those who provide labor in the manufacturing process by moving the relevant factory to another factory. Even though the inside cooperation company belonging to the defendant after the entry has changed, the new cooperation company actually succeeds to employment with the new cooperation company without suspending the work or changing the responsible process at the defendant factory, and they are employed by the cooperation company listed in the attached list of plaintiffs at the time of the action of this case.

At around August 2008, AL and AM asserted that their work forms constitute temporary agency work under the Defendant’s grain package work under the Defendant’s subcontractor’s name, and filed a petition for correction of discrimination against the Defendant, etc. with the Jeonnam Regional Labor Relations Commission around that time.

On February 10, 2009, the Defendant received a corrective order from the Gwangju Regional Labor Office to stating that “AL constitutes temporary agency work,” and filed a lawsuit seeking revocation of direct employment order as the Gwangju District Court 2009Guhap1761 on June 17, 2010, but was sentenced to the judgment against the Defendant on June 17, 2010. The Defendant appealed with the Gwangju High Court 2010Nu13466, but was sentenced to the dismissal of the appeal on January 27, 201. The Defendant appealed with the Supreme Court 201Du6097.

arrow