퇴직금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Under the Credit Information Use and Protection Act, the Plaintiffs entered into a delegation agreement with the Defendant, who is engaged in debt collection business, credit investigation business, etc. with the permission of the Financial Services Commission, and the “period of service” in the attached retirement allowance calculation table, as an officer of debt collection and debt collection during each service period, and retired from the office on the day following the end of the service period
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 17, Eul evidence 1 and 8 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted that they concluded a formal delegation contract with the Defendant, but actually provided labor to the Defendant by being subordinate to the Defendant, such as being subject to considerable direction and supervision by the Defendant in performing their duties, and thus, constitutes workers as prescribed 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 is an independent enterpriser who has entered into a delegation contract with the defendant, and is engaged in his own business, and is not an employee under the Labor Standards Act under the defendant's command and supervision for the purpose of wages.
Therefore, the defendant does not have a duty to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.
3. Determination as to whether the plaintiffs are workers under the Labor Standards Act
A. In determining whether a worker is a worker under the relevant legal doctrine, the determination shall be based on whether a contract form is an employment contract or a contract for employment, and in substance, whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages at the business or workplace, and whether a subordinate relationship exists shall be based on the rules of employment or employment.