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(영문) 서울고등법원 2010.10.01 2009나117975
근로자지위확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a company that engages in the business of manufacturing fertilizers, etc. by employing approximately 460 full-time workers ( approximately 700 workers if they are included in the following non-party company).

B. The Plaintiffs’ labor contract relations are as follows.

(1) On June 9, 1997, Plaintiff A entered a continental enterprise corporation (hereinafter “Large-si”), the affiliation of Plaintiff A was changed on March 1, 2001 to the Promotion of Southern-si Co., Ltd. (hereinafter “Seoul-si Promotion”), and its affiliation was changed to a continental enterprise on February 1, 2008.

(2) On April 11, 1996, Plaintiff B entered the continental company, and the affiliation was changed on March 1, 2001.

(3) On January 17, 2000, Plaintiff C entered a continental company, whose affiliation was changed to the promotion of South Korea on June 1, 2007, and its affiliation was changed to a continental company on February 1, 2008.

(4) At the time of the above change of affiliation, the Plaintiffs’ wage and overall working conditions were to be succeeded to by the changed company as it is. From June 9, 1997, Plaintiff A had been employed by Plaintiff B from April 11, 1996, Plaintiff C, from January 17, 2000, as a production worker at the Defendant’s complex fertilizer team that entered into a contract with the continental company and the South-North Korea Promotion (hereinafter collectively referred to as “foreign company”), and the Defendant’s complex fertilizer team that entered into a contract with the said company.

C. The non-party company entered into a collective agreement on wages and working conditions with the labor union in the company, employed new workers by giving a public notice of employment under the name of the non-party company, and exercised its own right to disciplinary action against its employees.

In addition, it has made independent business activities such as paying wages directly to the employees under his control, and paying withholding tax on earned income and conducting year-end settlement affairs independently, as well as purchasing four insurance in the name of each representative, and paying individual business income tax through individual business registration.

【Ground for Recognition】 There is no dispute between the parties to the dispute, Gap evidence 1, Eul evidence 3-1 to 14-24.

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