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(영문) 대법원 2015.01.29 2014다226475
퇴직금청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

After finding the facts as indicated in its reasoning based on the adopted evidence, the lower court determined that the Plaintiff cannot be deemed as an employee under the Labor Standards Act, in full view of the following: (a) the Plaintiff’s corrective player, who entered into an individual contract with the Defendant and participated in the competition and received an allowance for participation in the competition; and (b) the Plaintiff’s instruction or control within the necessary scope in order to achieve the purpose of securing the fairness of corrective caution, securing the safety of players, and enhancing the quality

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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