퇴직금 청구의 소
1.The judgment of the first instance shall be modified as follows:
The defendant shall set up an annexed retirement allowance calculation sheet to the plaintiffs.
1. Basic facts
A. On November 26, 1999, the Defendant is a company engaged in credit investigation business, debt collection business, etc. with a license for credit information business under the Use and Protection of Credit Information Act from the Financial Services Commission.
B. The Plaintiffs entered into a business delegation agreement with the Defendant on the first day of each service period indicated in the separate sheet for the calculation of retirement allowances (hereinafter “instant business delegation agreement”) and retired at the end of the said service period while the Defendant was in charge of collecting claims accepted from creditors during the said service period.
【In the absence of any dispute, Gap's 1, 2, and Eul's 1 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The gist of the plaintiffs' assertion is that although they were employed by the defendant company in the form of delegation contract, they are actually directed and supervised by the defendant in performing their duties and provided their labor to the defendant in a subordinate relationship with the purpose of wages. Thus, the defendant is obligated to pay each amount stated in the "request amount" in the attached retirement allowance calculation sheet as retirement allowance under the Guarantee of Workers' Retirement Benefits Act
B. The summary of the defendant's assertion 1 did not manage the plaintiffs' attitude or provide specific work instructions in relation to debt collection, and only provided work places and fixtures so that the plaintiffs can smoothly perform delegated affairs.
The plaintiffs received fees in proportion to debt collection performance without the basic pay or fixed pay, and it cannot be viewed as wages due to the fact that the amount is large for each plaintiff and each period, and that the amount is determined depending on the quantity and quality of labor provided.
Therefore, the plaintiffs cannot be regarded as a worker under the Labor Standards Act, and they are the defendants.