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(영문) 서울중앙지방법원 2016.10.06 2016나3330

퇴직금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasons why this Court shall explain concerning this case are three of the judgment of the court of first instance.

Judgment of the court below 3 parts

B. The amount of retirement pay is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the part above '3' in the debt collection commission contract, even if the plaintiffs were to be free income earners upon the defendant's commission, considering the following circumstances revealed by the evidence and the facts acknowledged as above, the plaintiffs are workers subject to the application of the Labor Standards Act. Therefore, the plaintiffs are workers subject to the application of the Labor Standards Act. ① Since the defendant is subject to various regulations set forth in the Credit Information Use and Protection Act, it is difficult to properly respond to the strong control of the worker in charge of the business due to the need for a strong control over the worker in charge of the business, it is difficult to properly respond to the situation that the defendant is bound to depend on the business activities of the debt collection agency as alleged by the plaintiff (On the other hand, if the defendant cannot depend on the business activities of the debt collection agency as argued by the plaintiff, it is more strongly and closely favorable to the defendant than that of the defendant and the debt collection agency.

(2) The Plaintiffs are recognized as having continuity of employment in that they are in a position exclusively belonging to the Defendant, such as that they perform only the Defendant’s duties under contract or under statutes, and have automatically renewed the contract period.

③ The terms of a contract concluded between the Plaintiffs and the Defendant include a number of matters that can replace the rules of employment, such as methods of performing duties, confidentiality, management rules of claims collection personnel, and performance-based bonus payment standards, lack of work performance, lack of work performance, non-performance of duties, and Defendant.