퇴직금 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 49,053,859 and interest rate of KRW 20% per annum from January 15, 2013 to the day of complete payment.
1. Basic facts
A. On November 26, 1999, the Defendant is a company engaged in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”).
B. On June 1, 2005, the Plaintiff entered into a business delegation agreement with the Defendant for debt collection (hereinafter “instant business delegation agreement”). A person who retired from the Defendant on December 31, 2012 while taking charge of the Defendant’s business of collecting claims delegated by the creditors.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings
2. The plaintiff asserts that although the formal title of a contract is a delegation contract, the plaintiff provided labor to the defendant in a subordinate relationship with the purpose of wages, the defendant is obligated to pay the plaintiff the money claimed as retirement allowance under the Labor Standards Act.
In this regard, the defendant asserts that the plaintiff is not an authorized person who entered into a debt collection delegation contract with the defendant and performed his duties, and that the defendant is not an employee who provided his labor under the defendant's direction and supervision.
3. Determination
A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a delegation contract, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to the rules of employment or employment regulations, etc., and the employer’s considerable direction and supervision during the performance of work, whether the employer designates working hours and work places, and is detained by the employee, and a labor provider.