퇴직금
1.The judgment of the first instance shall be modified as follows:
The defendant shall set up an annexed retirement allowance calculation sheet to the plaintiffs.
1. Under the Credit Information Use and Protection of Credit Information Act (hereinafter “Credit Information Act”), the fact that the Defendant was a company engaged in debt collection and credit investigation with permission from the Financial Services Commission; the Plaintiffs entered into a debt collection service entrustment agreement with the Defendant on the first day of each service period listed in the annexed retirement allowance calculation table (hereinafter “business period”); and the fact that the Defendant retired from the office as of the last day of the service period was not in dispute between the parties, or in full view of the purport of the entire pleadings as set forth in the evidence No. 1 (including the provisional number; hereinafter the same).
2. Summary of the parties’ assertion
A. The plaintiffs asserted that they were employed by the defendant for the purpose of wages and provided labor under the specific direction and supervision of the defendant and retired workers under the application of the Labor Standards Act, and thus, the defendant is obligated to pay legal retirement allowances to the plaintiffs.
B. The defendant's alleged plaintiffs are not workers on the following grounds, and the defendant is not obligated to pay retirement allowances to the plaintiffs.
① The Plaintiffs entered into a delegation agreement with the Defendant on debt collection that is not a labor contract, and prepared and submitted a written pledge that the Defendant does not want to establish a labor relationship.
② The Plaintiffs were not subject to the Defendant’s rules of employment, personnel regulations, and service regulations, and were not subject to specific direction and supervision by the Defendant in the course of performing their duties, such as voluntarily determining the collection order of allocated claims
③ The Defendant did not designate working hours and places to the Plaintiffs, and only provided working places and fixtures as part of convenience in delegated duties and compliance with the duty to establish security measures under the Credit Information Act.
(4) The preparation of a weekly recovery plan, attendance at education, etc. shall be requested by customers.