퇴직금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Under the Act on the Use and Protection of Credit Information, the Defendant is a juristic person operating debt collection, credit investigation, etc. with permission from the Financial Services Commission; the Plaintiffs shall enter the Defendant company on the first day of each service period specified in the “Retirement Allowance Calculation Table”, and the fact that the Defendant retired at the last day of each service period, while taking charge of debt management and collection, may be recognized as having no dispute between the parties, or as having taken full account of the purport of all the arguments stated in the Evidence
2. The plaintiffs asserted that they were employed by the defendant company in the form of a delegation contract, but provided labor to the defendant in a subordinate relationship with the purpose of wages, such as being directed and supervised by the defendant in the performance of their duties. Thus, they constitute workers subject to
Therefore, the defendant is obligated to pay each retirement allowance in the “legal retirement allowance calculation sheet” column as stated in the separate retirement allowance calculation sheet to the plaintiffs and delay damages therefor.
3. Determination
A. Whether a worker is a worker under the Labor Standards Act should be determined in accordance with whether the form of contract is an employment contract or a contract for employment, and whether a worker in substance provided work to an employer for the purpose of wages in a business or workplace.
Here, whether a dependent relationship exists with an employer is determined by the rules of employment or service regulations, and whether an employer orders and supervises the employer in the course of performing his/her duties, whether an employer is bound by the employer, whether an employer is allowed to operate his/her business on his/her own account, whether a labor provider can own equipment, raw materials, work tools, etc. or have a third party employ and act on behalf of the employer, and profit and loss from providing labor.