퇴직금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. The Defendant’s basic facts are corporations with the purpose of running the business of assessing the insurance proceeds and amount of damages caused by a motor vehicle accident, and the Plaintiffs distribute the adjustment business delegated by the Defendant to the Plaintiffs, and the Plaintiffs enter into a contract under which a certain ratio of each fee paid by the relevant insurance company is to be paid from the Defendant after performing the contract (hereinafter “instant contract”) and have been in charge of damage adjustment business under the said contract.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 14 (including branch numbers in case of additional number), the purport of whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion argues that the Plaintiffs constitute a retired person who provided labor under specific command and supervision under the Defendant’s employment by the Defendant for the purpose of wages, and who retired workers under the Labor Standards Act, and the Defendant is obligated to pay legal retirement allowances to the Plaintiffs. Accordingly, the Defendant concluded an entrustment contract with the Plaintiffs for damage adjusting business, and thus, the Plaintiffs do not constitute workers.
B. (1) Determination of whether a person is a worker under the Labor Standards Act ought to be made based on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages in a business or workplace.
Here, whether or not an employer has a subordinate relationship is determined by the rules of employment or service regulations, and whether or not an employer has considerable command and supervision in the course of performing his/her duties, whether or not an employer designates working hours and working places and is detained by a labor provider, and a labor provider himself/herself stores, raw materials or materials.