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(영문) 서울남부지방법원 2016.12.09 2016가합103935

퇴직금 청구의 소

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1. The defendant has the same amount of money recorded in the "legal retirement allowance" column of the annexed sheet to the plaintiffs and each of the above money.

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of debt collection and credit investigation upon obtaining permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

B. The Plaintiffs entered into a contract for debt collection services with the Defendant (hereinafter “instant contract”) and then retired from office as the Defendant’s debt collection source at several points under the Defendant’s affiliated therewith during each period specified in the attached Table.

[Reasons for Recognition] Unsatisfy, Gap 1 (including a provisional number; hereinafter the same shall apply), Eul 1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted, notwithstanding the form or name of the instant contract, provided labor to the Defendant as an employee under the Labor Standards Act, who is practically determined by the Labor Standards Act.

Therefore, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

B. The defendant's assertion that the defendant did not manage the plaintiffs' root or issue specific work instructions in relation to debt collection, and only provided work places and fixtures so that the plaintiffs can smoothly perform delegated affairs.

The plaintiffs received fees in proportion to debt collection performance without the basic pay or fixed pay, and it cannot be viewed as wages due to the fact that the amount is large for each plaintiff and each period, and that the amount is determined depending on the quantity and quality of labor provided.

Therefore, since the plaintiffs cannot be viewed as workers under the Labor Standards Act, the defendant is not obligated to pay retirement allowances to the plaintiffs.

3. Determination

A. Whether the Plaintiffs are workers under the relevant legal doctrine as to whether they are workers under the Labor Standards Act or workers under the relevant legal doctrine is wages in substance, rather than whether the form of contract is an employment contract or a contract for employment.