퇴직금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The facts based on which the Defendant, with the permission of the Financial Services Commission under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”), is a company engaging in debt collection and credit investigation business with the permission of the Financial Services Commission; the Plaintiff, from July 1, 2002 to October 24, 2014, may either have no dispute between the parties or recognize the withdrawal when the Defendant was in charge of managing and collecting the claims that the Defendant accepted from the creditors, by taking into account the overall purport of the pleadings as set forth in subparagraph 3.
2. The plaintiff asserts that although the form of contract is a delegation contract, the plaintiff provided labor to the defendant company in a subordinate relationship with the purpose of wages, the defendant company is obligated to pay the plaintiff retirement allowance of 56,624,471 won and delay damages.
In regard to this, the defendant company is only an individual entrepreneur who concludes a delegation contract with the defendant company and receives fees according to the performance of its duties, and it does not claim that the defendant company does not provide labor under the direction and supervision of the defendant company in a subordinate relationship with the defendant company.
3. Determination
A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether a labor provider provided labor in a subordinate relationship with an employer for the purpose of wages in substance rather than whether a contract is an employment contract or a contract for work. Whether a labor provider has a subordinate relationship as mentioned above shall be determined by the employer’s contents of work and shall be subject to the rules of employment or labor regulations, etc., the employer’s reasonable direction and supervision in the course of performing work, whether the employer designates working hours and work places, whether the employer is bound by the employer, and whether the employer owns equipment, raw materials or work tools, etc. or employs a third party.