퇴직금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Under the Credit Information Use and Protection of Credit Information Act (hereinafter “Credit Information Act”), the facts based on which the Defendant was engaged in debt collection and credit investigation by obtaining permission from the Financial Services Commission; the Plaintiffs concluded a debt collection service entrustment agreement on the first day of each corresponding service period listed in the annexed retirement allowance calculation table with the Defendant; and concluded a debt collection service agreement on the first day of each corresponding service period indicated in the annexed retirement allowance calculation table with the Defendant; and the Defendant retired from the office at the end of the above service period due to the Defendant’s acceptance by the obligees, may be recognized by taking into account all the arguments in the evidence No. 1 (including the provisional number; hereinafter the same shall apply); and
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. The defendant's plaintiffs concluded a delegation contract with the defendant for debt collection, etc., and they do not constitute workers on the following grounds. Thus, the defendant does not have the duty to pay retirement allowances to the plaintiffs.
(1) The plaintiffs shall perform their claims collection services through any of the following persons:
1. Officers and employees of claims collection agency;
2. A claims collection agency is a person who lets another claims collection agency render claims collection services by delegation or other equivalent method (hereinafter “trustee claims collection agency”), and the defendant entered into a delegation agreement on claims collection other than labor contract with the defendant, and submits a written pledge that the defendant does not want to establish labor relations.
② The Plaintiffs are the Defendant’s rules of employment.