º»¹® ¹Ù·Î°¡±â ÁÖ¸Þ´º·Î ¹Ù·Î°¡±â
All
TITLE Supreme Court Decision 2008Du4367 Decided July 22, 2010 [Revocation of Retrial Decision to Remedy Unfair Dismissal and Unfair Labor Practices] [full Text]
Summary
[1] Criteria necessary for a person employed by a primary employer, but working at the business place of a third party and at the third party's business, to be deemed an employee of the third party [2] The judgment below committed an error in law by misapprehending legal principles when determining the provision on constructive direct employment, as stipulated under the former Act on the Protection, etc. of Dispatched Workers, could not be applied to employees of an in-house subcontractor dispatched to the automobile manufacturer A, who were employed in simple and repetitive work together with regular employees at an automobile assembly-production line using automated conveyor belts system [3] Criteria necessary for applying Article 6 (3) of the former Act on the Protection, etc. of Dispatched Workers (the so-called ""provision on deeming direct employment""), and whether this provision can only be applied to cases of ""legitimate worker dispatch"" (negative)
Prev Supreme Court Decision 2010Hu456 Decided July 22, 2010 [Invalidated Registration (Trademark)]
Next Supreme Court Decision 2008Da31089 Decided July 22, 2010 [Judgment of Execution]
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100