A. The Defendant is a company engaged in debt collection and credit investigation upon obtaining permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act (hereinafter “Credit Information Act”).

B. The Plaintiffs entered into a contract with the Defendant on the first day of each relevant service period indicated in the service period table in the separate sheet of accounts for retirement allowances attached to the Defendant, and thereafter retired from the last day of the above service period while the Defendant was in charge of managing and collecting claims that the Defendant accepted from the creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs constitute a retired employee subject to the Labor Standards Act, who was employed by the Defendant for the purpose of wages and provided labor under specific command and supervision of the Defendant, and thus, the Defendant is obligated to pay legal retirement allowances to the Plaintiffs.

B. Defendant Plaintiffs are merely engaged in debt collection business under a delegation contract with Defendant and do not constitute employees under the Labor Standards Act. Thus, Defendant does not have the duty to pay retirement allowances to the Plaintiffs.

3. Determination

A. Whether the Plaintiffs constitute a worker under the relevant legal doctrine ought to be determined in substance rather than in the form of a contract, depending on whether an employee provided labor in 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 whether the employer has considerable direction and supervision in the course of performing work under the rules of employment or service (which is governed by the rules of employment, etc., and the employer designates working hours and working places, and