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(영문) 서울고등법원 2017.11.10 2017누53684
국민건강보험직장가입자 지위확인 및 부당이득반환청구의 소
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All appeals by the plaintiffs are dismissed.

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 in this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except to add the judgment of the court of first instance. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 제3쪽 두 번째 글상자의 4행에 있는 “I”을 “J”로 고친다.

▣ 제1심판결서 제4쪽 제7행에 있는 “E는” 다음에 “2013. 4. 1.부터 2013. 12. 31.까지 원고들로부터 매월 50만 원씩을 각 지급받았고, 그 밖에”를 추가한다.

▣ 제1심판결서 제7쪽 제1행의 “원고들이”부터 제3행의 “부족하고”까지를 아래와 같이 고친다.

“E is deemed to have received a total of KRW 1 million per month from around April 2013 by the Plaintiffs, each of which is KRW 500,000,000,000,”

3. The plaintiffs in this Court stated that "5-6, one hour's own working hours in the business tripbook of this Court" are one hour, and since the distance between the site and E is about three hours, it is reasonable to see that E shall work on the 24-hour working hours per month. Considering that the remaining 36 hours per month, while monitoring the site using mobile phones, notifying the plaintiffs of any malfunction or trouble, and taking follow-up measures, it cannot be deemed that E is a part-time worker whose working hours per month is less than 60 hours.

Article 2 subparag. 8 of the Labor Standards Act asserts that “part-time workers” means workers whose contractual work hours per week are shorter than those of ordinary workers engaged in the same kind of work at the workplace concerned.

The term "work hours" is defined as "worker", and the term "work hours" as referred to in the above provision is defined as "worker."

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