퇴직금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts are companies established for the purpose of credit information business (debt collection, credit investigation, etc.) prescribed in the Use and Protection of Credit Information Act. The plaintiffs enter into a contract with the defendant to perform the collection of claims and all related business under the responsibility of the plaintiffs. Accordingly, the "period of service" in the attached retirement allowance calculation sheet in the attached Form is a person who has performed claims collection business, etc. for the defendant.
[Ground of recognition] Facts without dispute; Gap evidence 1 and 2; Gap evidence 1 to 9; Eul evidence 1 to 9; the purport of the whole pleadings
2. The plaintiffs' arguments were conducted on behalf of the defendant in the form of a delegation contract. However, since they provided labor in a subordinate relationship with the defendant, such as specific command and supervision, etc. in performing their duties, they shall be paid retirement allowances in accordance with the Labor Standards Act as they fall under the workers prescribed by the Labor Standards Act. The defendant is obligated to pay each retirement allowance and compensation for delay as stated in the attached retirement allowance calculation table to the plaintiffs.
3. Determination
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, and whether a worker has a subordinate relationship with an employer for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to rules of employment or labor regulations, etc., and whether the employer has a reasonable direction and supervision in the course of performing work, whether the employer designates work hours and work places, whether the worker is detained, and whether a labor provider owns or a third party owns equipment, raw materials or work tools.