From November 5, 2012 to April 30, 2015, the Plaintiff rendered the Defendant’s claims collection business for the purpose of debt collection, etc., and the fact that the Plaintiff drafted a duty delegation contract (B 1-2) to the Defendant on June 27, 2013 during that period and prepared it is no dispute between the parties.

The Plaintiff received KRW 24,643,534 in return for performing the debt collection business from the Defendant for three months from January 1, 2015 to April 30, 2015, before the Defendant’s retirement of debt collection business.

2. Determination on the cause of the claim

A. Determination of whether a worker is a worker under the Labor Standards Act should be made based on whether a contract form is an employment contract or a delegation contract is an employment contract, and whether a labor provider provided labor to an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace.

Here, whether a dependent relationship exists shall be determined by the employer and shall be subject to the rules of employment or service regulations, etc. of the employer, whether the employer directs and supervises the work hours and the place of work, whether the employer is bound by the employer, whether the employer is capable of operating his/her business on his/her own account, whether the employer has a risk, such as the creation of profits and losses from the provision of labor, whether the nature of remuneration is the subject of the work itself, whether the basic salary or fixed wage has been determined, whether the employer has the continuity of the provision of labor and the exclusive affiliation to the employer, and the extent of such risk.