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(영문) 서울남부지방법원 2013.09.27 2012가합17562
고용의무이행 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a stock company that carries on the manufacturing, processing, and selling of Aluminium and Aluminium board.

B. The plaintiffs entered into D on April 30, 2008 after the defendant retired from D on May 1, 2008, as the defendant contracted the operation of part of the manufacturing facilities of alinium to the non-party limited liability company D (hereinafter "D") while working for the defendant. The employees who retired from the defendant as of May 1, 2008 and entered D were 14 persons including the plaintiffs.

C. The Plaintiffs were employed in D as above, and Plaintiff A was on July 2, 2010, and Plaintiff B was punished on December 9, 201.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including each number; hereinafter the same shall apply), Eul 1, 2 and 11 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) As the Defendant contracted part of the production facilities of Aluminium business department to D, the Plaintiffs retired from the Defendant and entered into D, but the Defendant exercised the right to direct and supervise specific business affairs, such as the work schedule, work programming, leave, management of workers, etc. even after the above contract was made, the contract between the Defendant and D constitutes a contract for temporary placement of workers. Therefore, the Defendant, the using business owner, uses the Plaintiffs more than two years from May 1, 2008 and was amended by Act No. 8076, Dec. 21, 2006; and was amended by Act No. 11279, Feb. 1, 2012; hereinafter “Dispatch Act”).

Pursuant to Article 6-2, since May 2, 2010, the Defendant is obligated to directly employ the Plaintiffs. As such, the Defendant expressed its intent to employ the Plaintiffs, and ② as requested by the Plaintiffs, the Plaintiffs are employed as damages for nonperformance of the Defendant’s employment obligation from November 1, 2012 to the date of employment of the Plaintiffs.

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