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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. The Defendant is a company primarily responsible for debt collection and credit investigation with the permission of the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.
B. On January 1, 2013, the Plaintiff entered into a delegation agreement with the Defendant and took charge of managing and collecting the claims of the Credit Guarantee Fund by December 29, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The plaintiff's assertion is an employee under the Labor Standards Act who actually provides labor to the defendant in a subordinate relationship with the defendant, and the defendant is obligated to pay the plaintiff statutory retirement allowance and compensation for delay corresponding to the service period under the Guarantee of Workers' Retirement Benefits Act.
B. Determination as to whether a worker is a worker under the Labor Standards Act ought to be 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 for the purpose of wages in a business or workplace.
The issue of whether a dependent relationship exists shall be determined by the employer and shall be governed by 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 profit and loss from the provision of labor, whether the nature of remuneration is the subject of the work itself, whether the basic salary or fixed wage was determined, whether the employer withheld the income tax, and the continuity of the relationship of the provision of labor.