퇴직금 청구의 소
1. The defendant stated in the "retirement Allowance" column in the annexed list to the plaintiffs and the same list with regard thereto.
1. The Plaintiffs entered the Service Contract (hereinafter “instant service Contract”) with respect to the installation of Defendant and water purifiers and their services (hereinafter “A/S”) around each relevant day set out in the separate list “Date”, and retired from office after having been in charge of the installation of water purifiers and A/S duties at several points under Defendant’s control by each relevant day set out in the separate list.
[Ground of recognition] Unsatisfy, entry of Gap 3 and 27 evidence, the purport of the whole pleadings, the parties' assertion
A. The Plaintiffs asserted, notwithstanding the form or title of the instant service agreement, provided labor to the Defendant as an employee under the Labor Standards Act, who is substantially subordinate to the Defendant.
Therefore, the defendant is obligated to pay retirement allowances to the plaintiffs under the Labor Standards Act.
B. The Defendant’s assertion is merely an individual entrepreneur who performs services delegated by the Defendant and received fees according to his/her performance, and does not constitute an employee under the Labor Standards Act.
3. Determination as to whether the plaintiffs are workers
A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for work is in substance, and whether a worker has a subordinate relationship with an employer for the purpose of wages in the business or a workplace is determined by the employer, and whether the employer has a reasonable direction and supervision in the course of performing the work, whether the employer designates work hours and a place of work, whether the worker is bound by the employer, whether the worker is subject to detention, and whether the labor provider has a duty to own equipment, raw materials or tools of work, etc. or to act as an agent for a third party.