퇴직금
1. The defendant shall make each of the money stated in the "retirement Allowance" as shown in the attached Table to the plaintiffs and the delayed damages for each of them.
1. Under the Credit Information Use and Protection of Credit Information Act (hereinafter “Credit Information Act”), the facts based on which the Defendant was a company engaged in debt collection and credit investigation with permission from the Financial Services Commission; the Plaintiffs entered into a debt collection entrustment contract with the Defendant on each of the relevant days as stated in the “business period period” set forth in the attached Table; and the Defendant entered into a debt collection service contract with the Defendant, which was in charge of managing and collecting the claims that the creditors accepted from the creditors; and the fact that the Defendant retired on each of the corresponding days set forth in the “work period termination period” set forth in the same Table can be acknowledged by taking into account all the purport of the pleadings, either
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 under the Labor Standards Act, and the defendant is not obligated to pay retirement allowances to the plaintiffs.
3. Determination
A. Whether the Plaintiffs are workers under the relevant legal doctrine should be determined in substance, rather than in the form of a contract, depending on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work, and whether the employer has considerable direction and supervision in the process of performing work under the rules of employment or service (which is governed by the rules of employment, etc., and whether the employer designates working hours and place and is detained by the employee.