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(영문) 서울중앙지방법원 2019.11.21 2019가합40794

퇴직금

Text

1. The defendant stated the "retirement allowance" in the annexed retirement allowance calculation sheet to the plaintiffs, and as to the corresponding money.

Reasons

Basic Facts

The defendant is a company engaged in debt collection business, credit investigation business, etc. with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

The Plaintiffs concluded an entrustment contract for debt collection (hereinafter “instant entrustment contract”) with the Defendant on each corresponding date in the attached retirement allowance calculation table, and concluded the entrustment contract with the Defendant on each corresponding date, and “the last day of the service period” of the Defendant’s performance of debt management and collection that the Defendant accepted from the creditors, and completed the above collection work on each corresponding date.

[Grounds for recognition] The plaintiffs, the main points of the argument of the parties to the whole purport of arguments as to facts without dispute, Gap evidence Nos. 1, 2, and 3 (including a provisional number; hereinafter the same shall apply), and the purport of the whole argument, are workers under the Labor Standards Act who provided labor to the defendant in a subordinate relationship with the defendant for the purpose of wages.

Therefore, the defendant is entitled to receive retirement allowances.

The defendant is in a delegation relationship with the plaintiffs. Accordingly, the defendant is only the minimum involvement as a truster in the plaintiffs' performance of duties, and the defendant does not have any exclusive and subordinate direction and supervision over the same degree as the labor contract relationship. Thus, the plaintiffs cannot be deemed as a worker who provided labor to the defendant in a subordinate relationship.

Whether the plaintiffs are workers under the relevant legal principles as to whether they are workers under the Labor Standards Act should be determined based on whether the form of contract is an employment contract or a delegation contract is an employment contract, and whether the substance of the labor provision relationship is a subordinate relationship to an employer for the purpose of wages in a business or workplace.

Here, whether or not there is a subordinate relationship is ① the contents of business.